In the divorce decree it states that he claims our daughter as his dependent and pays half of the childcare. He thinks that he is paying half for my daughter and half for my son and therefore claims both children for the childcare credit. I am claiming my son for both(dependent and child care credit).
2007-01-25 09:32:18 · 9 answers · asked by sandra R 1 in Business & Finance ➔ Credit
Well then prepare to be audited if you are both claiming the same deal.
Make sure you have a CPA do your taxes and have your divorce decree with you so it is done properly.
2007-01-25 09:38:35 · answer #1 · answered by his temptress 5 · 1⤊ 0⤋
This is not your problem. This is a problem that could get your ex in trouble with the IRS, but you should continue claiming your son for both. You could report him to the IRS or just ignore it and let the IRS discover the tax fraud. Has anyone said you cannot claim your son? If not, just file your taxes and let the IRS discover the discrepancy. The IRS assumes the parent who has physical custody is entitled to the deduction, so both of you claiming the same person should trigger an audit of him, not you.
2007-01-25 09:42:32 · answer #2 · answered by David M 7 · 0⤊ 0⤋
You can only claim a child on one tax form per year. You use a from 8332 to designate who claims the child. If you have Joint physical and joint legal custody of a child you can file both file your taxes as head of household and claim the childcare credit that you paid but not the deduction for the child unless your spouse agrees on the 8332 form not to claim the child for that year. If he claims your son and the divorce decree says you are supposed to he asking for trouble.
2007-01-25 09:44:36 · answer #3 · answered by jt7585 1 · 0⤊ 0⤋
It is possible,First he should only claim what he has paid, if he claims more he will be held accountable. If you both claim the full amount, you both may be audited by the IRS. Keep you divorce decree, you may have some explaining to do.
2007-01-25 09:40:35 · answer #4 · answered by JNS 5 · 0⤊ 0⤋
Claim your Son, The decree said that he may claim his daughter as hid dependent. Courts are quit clear if they meant son & daughter they would of said so.
2007-01-25 09:39:46 · answer #5 · answered by whatevit 5 · 1⤊ 0⤋
if divorce decree states you claim son then claim him , if you have proof it will be ex that gets into hot water with IRS , oh and dont warn the ex best to let him make his on probelems by making false tax preperations and watch him sweat it out later
2007-01-25 09:39:27 · answer #6 · answered by glavendale 4 · 0⤊ 0⤋
You get your own tax advisor, and file your taxes as you feel they should be.
If your ex does it wrong, it's his fault. Not yours. And when the IRS sees that he's falsely claiming more dependents than he should, they'll nail him for it. Plus interest and penalties.
2007-01-25 09:37:07 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Be careful...if he has already claimed them and then you claim him and you get one of those Instant loans, the loan company can call you and tell you that you owe them money (the amount of the loan.) My ex did that to me without my knowledge and now I owe them money. I am having to go through an appeal process with the IRS.
2007-01-25 09:43:45 · answer #8 · answered by Kid 1 · 0⤊ 1⤋
no you should get one kid for both credits and he should get one kid for both credits
2007-01-25 09:37:44 · answer #9 · answered by kellbelle21 3 · 0⤊ 0⤋