My husbands ex claimed their son on her taxes this year.. for the second year. He lives with us and has for 3 years now. Yet, she still keeps doing this. She causes the system to kick back our return and we have to paper file, which takes 8 weeks. We could have filed without claiming him, but our return would've been 2,000 less. How does she keep getting away with this and who can we report this to? I'm so mad, I could spit nails. I don't want this happening again next year.
2007-02-26 08:05:53 · 10 answers · asked by N I K I 2 in Family & Relationships ➔ Marriage & Divorce
Ok. Heres the deal. Yes he has legal rights to claim him. There is no child support because one child lives with us and one child lives with her, so the support sort of cancels each other out.Shouldnt the IRS have caught her by now? we are claiming him and getting back our return, all we have to do is show proof that he lives with us. Why arent they going after the money she gets from claiming him also? I don't understand. My ex husband tried this for 2 years in a row with my children and he got caught and fined heavily. How is she slipping through the cracks?
2007-02-27 06:56:08 · update #1
the only way she is allowed to claim him is if the divorce decree says she's allowed to claim him, even if he lives in your home.. if the divorce decree does not give her the right to claim him, then she is fraudulently trying to claim him and this is something u may want to take up with the IRS to find out what u can do so that u dont have to go through this every year.. now if the divorce papers dont say who can and who cant u need to get her into a court of law, and have it decided there. Also if she keeps doing this take her to court and have her held in contempt of court..
2007-02-27 04:52:43 · answer #1 · answered by brwneyedgrl 7 · 0⤊ 0⤋
Okay, here's the deal. First of all, take a look through your husband's final divorce decree. See if she gets to claim him. Alot of times, the parent who pays child support gets to claim that child as a deduction. If it is not ordered, then by all means, drag this woman back into court on an "Order to Show Cause" (Free, down loadable form from your states website). And make her answer as to why she is doing this...that way the judge will make an order concerning this issue. The majority of the time, this issue is almost always outlined in a divorce decree. If, by chance, your husband is the one who gets to claim him, then take her back to court on a contempt charge. (Also another free form you can download). In a contempt, the judge will order her to repay any credit she may have cost you IF you ask for it.
I wish you luck hon.
Oh, and if she is allowed to claim him, your taxes won't get kicked back if you simply stop claiming him. I know he lives with you, but if you are receiving child support for him, then she is contributing to his care in the eyes of the IRS. (Sorry)
2007-02-26 08:20:41 · answer #2 · answered by Hollynfaith 6 · 0⤊ 0⤋
except SHE is offering a minimum of a million/2 of your son's help, she can't. in case you attempt to document your taxes electronically, IRS desktops will possibly kick them returned for 2 claims of your son. If that occurs, document your taxes on paper and connect an particularly short observe stating which you're offering your son's help. no could desire to show that contract because it beside the point to the regulation. Your ex husband's new spouse will discover the IRS respiratory down her returned. Lucy, you have a lotta splainin to do! I do see a ability undertaking while it is composed of examining that contract. in the event that they have been to document at a similar time, they could declare this is him. If SHE is submitting one after the other, that is a confusing argument for him/them to help. yet you in no way be responsive to the way it may play out. IRS would not fairly care...in simple terms who will pay to your son's help.
2016-10-02 01:02:24 · answer #3 · answered by mechem 4 · 0⤊ 0⤋
call the IRS and tell them what happened and if she hasnt received the return yet ..the IRS will stop her refund because she should not have filed. This exact same thing happened to a friend of mines and the babies father got in big trouble for it. Be able to show proof you have custody of the boy.
2007-02-26 08:12:25 · answer #4 · answered by Mean Carleen 7 · 0⤊ 0⤋
If your husband has legal custody, and the papers to prove it, than he can show the IRS his proof. If however, your husband is suppose to being paying child support, and he and his ex-wife have agreed that his son should love with you, and she doesn't get any child support, per an agreement between them, than she can file.
2007-02-26 08:16:41 · answer #5 · answered by lariat_sonata 3 · 0⤊ 1⤋
Go back to the divorce lawyer. If the child is in your custody legally, she has no right to claim him on the taxes. That is referred to as tax fraud and she could face a stiff penalty and fine for that!!! Get 'er girl! It's only fair to make her suffer the consequences for her actions.
2007-02-26 08:12:15 · answer #6 · answered by georgiarose_01 4 · 0⤊ 0⤋
its up to him to do the leg work on this... yes he can fight this.. through the IRS and through the court system....
why hasn't he done so as of yet? sounds to me like hes letting her get away with this. does she pay child support?
whoever has the child for more than 6 months gets to claim him/her.
2007-02-26 08:19:29 · answer #7 · answered by Hi its me again 4 · 0⤊ 1⤋
Call the IRS and inform them she has no right to claim him. Ecspecially if you provide over half of his yearly needs, wich I assume you do. So yes call the IRS.
2007-02-26 08:17:09 · answer #8 · answered by HOT 3 · 0⤊ 0⤋
Was it in their divorce decree who got to claim the child? If so, and it's your husband, then you need to go to the courts.
2007-02-26 08:10:30 · answer #9 · answered by Valerie S 3 · 0⤊ 0⤋
She can't do this unless it was agreed...normally it is alternating years...sorry..but I have an ex that does this also...and it had to go to lawyers...more money for them...or you can go Pro Se and fuile a simple motion...but that is dangerous if you don't know what you are doing...it should be alternating years...
2007-02-26 08:10:28 · answer #10 · answered by RealEYES 1 · 0⤊ 1⤋