my ex is claiming that my daughter is not his. Well I claimed her on my income taxes and now he is trying to sue me for tax fraud.
2007-02-20 11:21:34 · 6 answers · asked by allysmom06 1 in Business & Finance ➔ Taxes ➔ United States
well we have joint custody...we were never married and he has had a dna test done and it came back as him not being the father..it was his year to claim her but i have already filed papers to go to court to have his parental rights taken away
2007-02-20 12:05:18 · update #1
Is he legally the father? Is his name on the birth certificate? If so, he is still her "father" whether he contesting the paternity or not. Whomever supports the child the entire year gets the benefit of claiming your daughter. If she lived with you the year, you have the higher right. The only way he could is if he is legally the father and you sign an 8332 to release her dependency to him. And he cannot sue you for tax fraud. He is just blowing smoke. Only the IRS can determine whether a taxpayer has committed tax fraud.
2007-02-20 11:30:42 · answer #1 · answered by Fool in the Rain 6 · 0⤊ 1⤋
If he has filed legal papers saying that she isn't his child, then he'd be on shaky ground trying to claim her as a qualifying child. If he's just said this to you or others, then it probably wouldn't matter taxwise. Also, there are laws some places that if parents are legally married at the time of the child's birth, the husband is the legal father of the child, so that could affect the question also.
But if your daughter lived with you for more time in 2006, then YOU are the one with the right to claim her unless there are court papers, like a divorce decree or support agreement, saying that he can claim her.
I'm not sure what you mean by "trying to sue you for tax fraud". Only the IRS could bring such a suit. And also, if you have custody, HE's the one out of line on this.
2007-02-20 19:59:46 · answer #2 · answered by Judy 7 · 0⤊ 1⤋
Well, anyone can CLAIM a child on a tax form, but if he's attempting to claim her on his tax but deny his paternity he's just screwed himself. The tax form & lawsuit can be used in a local court proof of acceptance of paternity, thereby leaving him liable for all court costs (in most states) and, of course, child support.
And if you're the primary caregiver, you claim your child. The secondary parent does not, unless you give them permission. Just call the IRS and tell them he's not the primary parent, and is denying paternity, they'll audit him for the last 7 years.
2007-02-20 19:27:48 · answer #3 · answered by Kat 2 · 0⤊ 1⤋
how can he sue you for tax fraud when the child is not his ? do the dna test honey and make sure he gets a copy and the courts get a copy to show he is the one who commited the fraud by knowing that the little girl is not his . also obtain an attorney .
2007-02-20 19:28:21 · answer #4 · answered by Kate T. 7 · 0⤊ 2⤋
The tax law states that in order for you to claim a child as a dependant then that child has to live with you for more than six months so if this is the case tell him where to stick it
2007-02-20 19:27:00 · answer #5 · answered by Anita G 5 · 0⤊ 2⤋
what the hell if i can claim my 14 yr old brother and mind u i am 17 then u can claim her, as long as no one is claiming her. men sometimes they wanna have their cake and eat it too
2007-02-20 19:30:33 · answer #6 · answered by Anonymous · 0⤊ 3⤋