The father has full custody of his son, he went to file his taxes and claim his son, and the tax place called him and told him that his ex claimed her son So there was nothing he can do, is this true?
2007-02-09 04:29:06 · 13 answers · asked by spoiledbrat775585 1 in Business & Finance ➔ Taxes ➔ United States
We had that issue once. Got it resolved with letters to the IRS and calling the mom and all.
She claimed she had child related expenses too, but what she could show was very minor (like $1000) when we paid car payments, insurance (she was 16), +room and board for all but about 4 weeks of the year.
Start with calling the ex. The person who pays the bills and keeps a roof over the childs head gets the deduction.
2007-02-09 04:40:33 · answer #1 · answered by G's Random Thoughts 5 · 1⤊ 1⤋
Not necessarily. Are they divorced? If so, the divorce decree should state who gets the dependent on the tax return. In absence of a divorce decree, what did the court state about custody and support? The court document overrides all other situations. If there are no legal agreements, and the father is providing more than 1/2 of the child's support (which isn't too hard to do, especially if he pays for the housing for the child), then the father should be claiming the child. This could get nasty, though. Obviously, if two people claim the same dependent, that's going to be noticed by the IRS. If the father has legitimate reasons to claim that child (read that as good solid proof that he is truly the one paying for the support of that child), then chances are the mother will be disallowed the deduction.
2007-02-09 04:38:24 · answer #2 · answered by SuzeY 5 · 0⤊ 1⤋
No, it is NOT true. He would have to file a paper return, though. The IRS would then investigate the matter and award the exemptions to the taxpayer who is legally entitled to it under the IRS rules. The other txpayer would then get a bill for the additional taxes due to the loss of the exemption.
The IRS rule is that the custodial parent gets the exemption. The custodial parent is defined by the IRS as the parent who the child spends the most time with during the year. For the non-custodial parent to claim the exemption, the custodial parent must relinquish the exemption IN WRITING.
The IRS has very specific criteria for court decrees to modify that rule and any court decree that does not meet those criteria WILL be ignored by the IRS!
2007-02-09 07:08:38 · answer #3 · answered by Bostonian In MO 7 · 0⤊ 1⤋
Not unless the child spent MORE than 6 months out of the 2006 year with the Mother. Father has full rights to claim the child on his taxes unless they have agreed otherwise in a court hearing. If the Mother has visitations rights she can file a modification to those rights and request to claim the child every other year.
She will be audited and owe the IRS what she received and may have more legal issues do deal with. Good luck on that one! I know from experience.
2007-02-09 04:47:18 · answer #4 · answered by Christina Renee 1 · 0⤊ 0⤋
As long as there's no abuse, neglect, drugs, or criminal record on your part, you shouldn't be declared an 'unfit mother', especially not just because you carpool with the neighbors and don't take her to church every sunday. So, get a lawyer, and you shouldn't have any problems. Also, mention the money thing, as the fact that you're showing concern about her future and he isn't will work in your favor. Plus, be sure that the fact that you're going back to school is also brought up - maybe you could get a seasonal job for the holidays as well (lots of places need Christmas help, especially in malls and such) to help bring in extra money and further prove your responsibility.
2016-05-24 01:35:47 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Only one person can claim the child per year. Tax prepares do ask if the child lived with you all 12 mos. of the year. She may have lied about that to get a bigger credit. They need to work out a system of every other year or something like that. The other alternative is to seek legal counsel so she can't do it again.
2007-02-09 04:38:09 · answer #6 · answered by Anonymous · 0⤊ 1⤋
any one can claim . as his father has the total custody he can claim as his dependent.
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2007-02-09 23:03:47 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If the child lives with the father for more than 180 days then he gets to claim the child. if she claimed him even though he does not live with her for 180 days or more then she has filed incorrectly.
2007-02-09 04:37:27 · answer #8 · answered by Richard Bricker 3 · 1⤊ 0⤋
Tell the father to claim the dependant if he is entitled to.
The IRS may eventually catch it and audit both of them. If he is in the right, he has nothing to worry about.
2007-02-09 05:21:17 · answer #9 · answered by tivodan1116 3 · 0⤊ 0⤋
what does the divorce decree say? If it says that he gets the kid, and she claimed the kid, she's in BIG trouble. She must amend her return.
I think he should claim the kid and when the IRS comes calling, just show how he's suppose to ge the kid and they will nail her.
If he's going to H&R Block, that's his first mistake. Use Turbo Tax.
2007-02-09 05:06:21 · answer #10 · answered by Dizney 5 · 0⤊ 0⤋