I am the custodial parent- he just has visitation rights.
2007-02-25 05:17:40 · 14 answers · asked by meme 2 in Family & Relationships ➔ Marriage & Divorce
this is in to donna_hons response. he cant claim the child support he pays.and child support is non taxable income to the custodial parent.
2007-02-25 05:50:18 · answer #1 · answered by itsme2003 2 · 0⤊ 0⤋
You call the IRS and you tell them just what you told us. He can't legally do this. My daughters father asked me several years ago if he could and I had to sign a paper that he had to take to the tax place. Call them so you don't get in any headaches with the chances of an audit or something.
2007-02-25 13:27:47 · answer #2 · answered by *queenfairy1*Antioch California 7 · 0⤊ 0⤋
It is going to take awhile to sort it out but . . . contact a tax professional. H & R block will sit down and go through your taxes with you and advise you what to do FOR FREE - you only pay if you end up filing through them. It will take time to get the money back but you can do it - again, it's going to take time. I would contact the IRS, too. Friend of the court may not be able to help you with any of this (without you taking him back to court) but they can document it on his record. It doesn't hurt to check it out.
Good luck to you - you are not in for a fun ride.
2007-02-25 13:23:17 · answer #3 · answered by greyrider 4 · 0⤊ 0⤋
When I got shared custody of my son it was said in court who was going to put him on there tax papers... Which ended up being me but you should talk to the Revenue people from where you are from and maybe if that won't help talk to a lawyer
2007-02-25 13:22:10 · answer #4 · answered by honeybunnies93 2 · 0⤊ 0⤋
Actually, he can file using her, HOWEVER, he can only file stating his actual $$ amount of how he has supported her, (not child support though). If he is claiming head of household and using her as a dependent, he can not. The IRS does keep track of how many times a dependent is claimed via their SSN#, and will question it. You can not stop him from using her as a dependent, however that does not mean what he is doing is legal. I think your best recourse of action is to actually contact the IRS with specifics. For phone numbers of your local office, see here: http://www.irs.gov/localcontacts/
2007-02-25 13:25:11 · answer #5 · answered by pyratesteele 2 · 0⤊ 0⤋
If you have Primary Custody of the child, the only thing he can claim is what he pays to you in Child Support. He cannot claim her as a dependant and if he does he can be fined for this.
2007-02-25 13:23:09 · answer #6 · answered by donna_honeycutt47 6 · 0⤊ 0⤋
Well, if he is filing and should not be, then let the IRS audit him.
You should be able to file a correct return i would think. Make sure he gets turned in for a fraudulent return.
my 2 cents.
2007-02-25 13:25:13 · answer #7 · answered by scott in minnesota 3 · 0⤊ 0⤋
Check your final divorce papers. Could it possibly be that there was a stipulation in the decree that you may have overlooked?
Also, from here on out you might consider having your ducks in a row and FILE FIRST! Take the exemption before he does - when his return gets processed they won't allow him to claim her.
2007-02-25 14:06:44 · answer #8 · answered by I've Got It! 3 · 0⤊ 0⤋
Report him to the IRS. If he gets the money he will have to pay it back. Thats called tax fraud.
2007-02-25 13:47:10 · answer #9 · answered by leslie anne 2 · 0⤊ 0⤋
Claim her on your taxesalso. If the are any questions later he'll be the one who will have to answer to the IRS. Been there.
2007-02-25 13:28:43 · answer #10 · answered by seahorse 4 · 0⤊ 0⤋