My son's father had no right to claim my son as a tax credit. I have custody, and I have been providing for my son since birth. How could he get away with this?!! I'm stugguling by going to school, working, making little to no money as it is, I have to ride the bus now because my car broke down. How dare he do this to me!! And how did he get away with it so easily?!!!
2007-02-12 09:58:18 · 8 answers · asked by delandria d 1 in Business & Finance ➔ Taxes ➔ United States
When you file your paper return, the IRS will flag both returns and investigate. They'll ask both of you for proof of entitlement and then will decided who gets it based upon the law and the proof provided. You should win -- and he should get the bill for the taxes due.
He got away with it by e-filing first. Take the hint and try to file as early as possible next year. Since he's the father, it's possible that he could get the exemption at some point, at least in theory, so the IRS isn't likely to do much to stop him. I know it sucks, but that's the way that it works.
2007-02-12 10:05:40 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Well, he won't get away with it for too long if you file your return with your son as a dependent. The IRS will see that the dependent has been claimed on both returns, and both of you will receive notices asking what's going on. If there's a court decree stating that the child's father has the right to the exemption, there's absolutely nothing you can do-you can't claim the exemption. It sounds like you're providing more than 1/2 of your son's support, so if there isn't a legal document entitling the child's father to the exemption, go ahead and claim him.
Be prepared for the IRS notice to come within about 6 months or less of you filing the return, and be prepared to show what you pay in support for this child (food, clothing, education, housing, medical, etc.).
Good luck!
2007-02-12 18:05:02 · answer #2 · answered by SuzeY 5 · 0⤊ 2⤋
He won't get away with it, but unfortunately your refund will almost surely take longer than if he hadn't done this. But you'll get it eventually.
File your return on paper and mail it in. When he filed, the IRS had no way of knowing he wasn't eligible to claim your son. But when the second return (yours) comes in claiming the same child, they'll know that something is wrong, and will ask each of you to prove that you're the one eligible to claim the child. Then he'll have to pay back the extra money, with interest and possibly penalties also.
Good luck.
2007-02-12 22:03:26 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
I have one thing to add to bostonianinmo's answer. If you have documentation that you are entitled to claim your son, attach a COPY to your return. If the IRS accepts the documentation, they won't bother you and will just go after the father.
2007-02-12 19:16:39 · answer #4 · answered by STEVEN F 7 · 0⤊ 0⤋
He has to provide a form 8332 Release of Claim to Exemption for child of Divorced or seperated Parents along with his taxes that you have to sign to give him permission to even claim him on his taxes. I went thru all that. Thats what I had to do for him so he could claim my boy.
2007-02-16 14:59:57 · answer #5 · answered by Anonymous · 0⤊ 0⤋
He can't - legally. File your return with your son (can't eFIle). Include info/proof about your ex and how he's not suppose to claim your son. They will go after him.
2007-02-12 18:02:51 · answer #6 · answered by Dizney 5 · 1⤊ 1⤋
I was going to second the motion to e-file as quickly as you possibly can next year. I'm sorry he did this to you.
2007-02-12 18:07:50 · answer #7 · answered by Anonymous · 0⤊ 0⤋
you can call the irs and show to them that you provided all the care and they will amend his return
2007-02-12 18:01:43 · answer #8 · answered by trucker 2 · 1⤊ 2⤋