My husbands exwife is apparently claiming their 4 kids for taxes, but he has legal full custody?

Question

We cannot do efile because everytime our tax agent goes to file our taxes it comes up that someone has claimed the 4 kids. Each year we have to send the kids report cards and any medical papers we have showing that we have had sole custody and care for these kids. Is this our only recourse? The irs has been informed, they are the ones who told us to send the kids papers, but this hasnt stopped the problem. She hasnt seen these kids in years, I believe is on welfare with atleast 3 other children, how can she or possibly even her and her mother continue to do this?

I am learning that she may not be using them herself, she may be selling them to other people. She lives in Louisiana, and we live in Illinois.

Also, we can't file first because we actually work, and have to wait on our W2's to be mailed, which usually don't come until the end of January and she apparently files ASAP. She doesn't have to wait for W2's.

Answer 1

Sadly, this is a problem that many Responsible Single Parents have when they file their taxes .. and familiar to this Long Term Single Parent as well.

My own ex-husband (from a short disaster of a marriage) has done this for many, many years .. despite the fact that he had not contributed one penny to their welfare, did not provide any part of the medical care expenses, nor even bothered to visit the children .. and yes, I constantly had to PROVE that the children were with me 100% of the year over and over again.

YOUR spouse has done what he had to do (and the responsible things as well) -- which is file the papers every year, and yes, file a paper tax return as well.

Unfortunately, the amount that she would 'owe' on taxes is so insignificant (or ... based on her income, she would owe nothing to begin with), that this places her on a very low priority to prosecute/audit at this point in time.

Answer 2

File a paper return
When 2 people claim the same child on a tax return, It raises a flag with the IRS. They will first send a letter advising that the same SSN was used twice and advise that the person who was not entitled to claim the child needs to file an amended return. Then if no one corrects the return the IRS will request from both parties to submit proof of entitlement to claim the child. The IRS will then make a detemination on who is entitled to claim the child and it the person who is seen as the one NOT allowed to claim the child will owe back any refund they received in reference to the child along with penalties and interest and their Tax return will be flagged for review for up to the next 10 years
For more clarification call the Internal Revenue Service at
1-800-829-1040

Answer 3

As long as there isn't a legal document out there stating that the mother is legally entitled to claim the children as dependents, she has no right to do so on her tax return. One thing that's curious, though: why is she even filing a tax return if she's on welfare? Or, is Grandma trying to pick up everyone as a dependent?

In any case, I'm afraid you're going to be stuck with the "burden of proof" issue every year until the mother and grandmother get sick of the IRS contacting them about this (believe me, the IRS has contacted them, too, and changed their returns accordingly to remove the dependents from the tax calculation). There's no easy way to get around this. What a pain for you!

Answer 4

Most answers are ignoring the fact that the IRS rules in your favor every year. Unfortunately, the only way to prevent his ex-wife from claiming the children when she e-files is to do so first. Court orders can only tell her not to break the law. Only the IRS computer can actually stop her. As you have already seen, as they are currently programed, they don't do that.

Answer 5

Get in touch with Welfare dept. where she lives and tell them, she is claiming more than she has. Call IRS and ask to speak to a Supervisor, and explain what you go through every year,and you would like to know how this can be avoided.Have a lawyer write a letter about this situation and have it notarized,and signed. Send it to IRS.by Certified mail..

Answer 6

Look in the Blue Pages of your phone book and look under U.S. Government for the Internal Revenue Service- Taxpayer Assistance Division.
Take all documentation along with proof that your husband has sole custody of the kids. These folks will not only file your taxes for you and record that it's been reported to them to keep the ex from doing it again for free.

Answer 7

Wow, unreal.
Isn't there something your local police could do,sound like embezzlement/fraud.Wouldn't they have to at least take your report and report it to back to the IRS,this could cause a wave in their actions toward your case.Free consultation from a lawyer could shed new light in an effort to take back what is yours,look for someone who specializes in that field.You could call your local T.V station,not sure about where you live, but here,our news crew as someone who investigates in things just like this.Once it hits the 6:00 news someone will have to deal with it then..Another thing if she's on welfare it may be wise to see if she is claiming the children in order to get bigger benefits,which might explain her getting by with the taxes.This is welfare fraud,you can call them to report this and you don't have to give them your name.At least I don't think so,even if you do, this could only help your case,if she guilty.My last and final suggestion,keep on the IRS until they get tired of hearing from you.Persistence will win out.

Answer 8

People do a lot of things that aren't legal. About all you can do is try to beat her to filing, by filing as early as possible.

Good luck.

Answer 9

Time to get a lawyer!