My childs father claimed my child on his taxes without my permission!!?

Question

I did not work in 2006 so i can not file her, and im wondering how do i go about letting the irs know that he filed her without my permission..

I did not work in 06. she is only 5 months old.. he just started paying child support only a month ago.. he did not support her.. she is in my custody!!! If anyone has the right to claim her it should of been my parents.. He got over 1500 for her and spent it all on himself....

Answer 1

Call the IRS if she does not live with him he can not claim her as a dependent regardless if he pays child support. Its called tax fraud!!!!!!!!!!

Answer 2

If you did not work and had no income there is nothing to stop him from claiming her on his taxes. Although technically he should have written permission from you to claim the exemption, there won't be a cross-check on that since you are not required to file a return.

More importantly, you have no way of verifying that he actually took the exemption. He could be winding you up with the claim and you're taking the bait hook, line and sinker. The IRS will NOT discuss his return with you so it's impossible for you to verify his assertion that he took the exemption.

You should be a little more graceful with this and allow him to take the exemption since you can't benefit from it anyway. Stop being so spiteful; he is the father of your child after all. The more resources he has, the more likely he is to stay current on his child support; keep that in mind as well.

Addendum:

If you and your daughter lived with your parents and if they are entitled to claim you and / or your daughter as dependent(s), they should do so. See IRS Pub 501 for full information on whether or not they can claim you and / or your daughter on their return.

If they are entitled to the exemption, the IRS will flag both returns for followup and request proof of the claim for the exemption. They will then award the exemption to the appropriate party and bill the other for any taxes due as a result of the denial of the exemption.

Again, they will not discuss the details of the tax returns with anyone other than the taxpayer that filed the return. They will only let the parties that claimed the child know if the exemption was allowed or not.

More information:

The child's father may be entitled to the exemption after all. If you lived with your parents and they claimed you as a dependent, you cannot claim your child as a dependent on your tax return. Under the tie-breaker rule in Table 6 of IRS Pub 501, if both your parents and the child's father claim the exemption, the child's father will be awarded the exemption since he is a parent. Also see page 13, left column, Example 1. You cannot stop this.

Answer 3

Been there, done that. It sucks.
First, he cannot legally do that without a court order. There is a chance it is part of the court order. I recommend you check that first.
Then, what you do is have your parents file and claim your child. WHEN (not if) that is rejected, they file an appeal with the IRS. They will have to provide proof that they supported the child or he lived in their home. Additionally, they can claim you, even if you are an adult, and you live in their home. Any decent tax person should be able to help you through that for a little bit of nothing.
Also, he cannot claim the child based on being a parent if the child lives with your parents or in a home paid for by them. There is no blood relative "trump" card he can play.

Answer 4

If your daughter lived with your parents from the time she was born and out of the hospital, they may well have the right to claim her as a dependent, and should do so. If you lived there over half of the year and didn't provide over half of your own support, then they can claim you too.

If the baby didn't live with the father, then he is not eligible to claim her.

Your parents should go ahead and claim you and the baby if they're eligible to do so, and if you lived with them, they probably are. If they were supporting you and the baby, that only seems fair - and yes, it's within IRS rules, since grandparents can claim a grandchild as a "qualifying child", not just their child.

Answer 5

It is totally and completely illegal to claim a child that does not live with you. Especially when the father who has nothing to do with the child tries /does claim him without the consent of the guardians!
It has nothing to do with Hate or being spiteful, but if the father claims my child without my consent , ecspcially to blow the money and/or just to use the money for drugs.. I m going to be a little bit angry and have every right to be and no one has the right to say that he can do so because it s the LAW! You in no way can claim a child without permission or a court order or its FRAUD !!

Answer 6

What does your courtroom papers say approximately claiming the teenager for taxes? Iv yet to envision a custody order no longer handle this. some element to think of of roughly, I certainly have 2 youthful ones that stay out of state, I pay help and coverage and actually get to envision them 5 weeks a year. The custody papers are clean that i'm waiting to declare them the two. This year the Irs is accepting custody papers in case you haven't got the 8833 (must be incorrect form form) signed in accordance to speedy tax. Morally if the father is paying help and aside of the teenager's existence you're waiting to prefer to a minimum of chop up years claiming the teenager.

Answer 7

If you had no income - then who supported your child? If it was your child's father, why not let him claim the exemption? It can't do YOU any good, if you're not filing taxes anyway...

Answer 8

go on line at irs website, or call 1-800-555-1212 and ask for the 800 number for the IRS

Answer 9

If you have nothing to claim what's the harm?
Do you have a court order?
Did he help you and her financially?
Just call the IRS you have a computer right?
www.irs.gov click contact us