ex claimed both kid on taxes, but i have court papers saying i can claim on kid every year. what to do?

Answer 1

File a paper return and mail it in



you and the person who claimed the dependant will receive a letter stating that 2 people used the dependants social security number, They will ask that both partys submit proof of who was actually eligible to claim the dependant. This can include school records, Dr records, copy of a lease agreement acknowledging that the child lives at the address of record.
The IRS will make a determination of who actually qualifies to claim the dependant. The person who claimed the dependant will then owe back any refund they received in error plus interest and penalties. This also raise a red flag on that persons future tax returns for up to the next 10 years.
Calll the IRS at 1-800-829-1040
Respond to any correspondence from the IRS immediately to expedite your claim.
This will cause a delay in processing your return and your refund

Do not send in anything other than your return, the people who do the intitial processing you your return will not be the people making the determination of who is qualified to claim the child.

The Exams Unit of the IRS will send you a letter requesting the information once it is assigned to an Exams Agent, You will then submit the documentation directly to the person who is working on the issue.

Answer 2

Since your ex has already filed, you will have to mail your return in if you want to claim your children. The IRS will send you your full refund amount that you are entitled to. Then, in the summer, the IRS will send you a letter that says one of two things. Sometimes, they'll send you one that says "You and another taxpayer claimed the same dependent, please get this fixed before next year." In other situations, they will send both of you a letter asking for proof that you are eligible to claim the children. You'll be asked to provide court documents, doctors statements and school records (to prove children lived with you.) In your situation, the court documents alone would be proof enough. The IRS will make a determination who should be able to claim the children. Your ex would then owe the money back to the IRS. It's a toss up as to which will happen. To be honest, I see more of the first kind of letters. There are so many people claiming kids that they are entitled to be claiming. They can't possibly audit all of them. My other suggestion to you would be to call the IRS at 1-800-829-1040 and ask to be connected to the Criminal Investigation Division to report your ex. Also, speak to your lawyer about this. There may be some legal action you can take due to your ex illegally claiming your children. Good Luck.

Answer 3

You'll have to mail in your tax return. Claim whatever kid you're entitled to claim for this year, and attach a copy of the court order to your return.

Answer 4

weetie had the perfect answer. Make a copy of your court papers ... highlight the relevent parts regarding the children, attach it to your tax return with a cover letter and mail it in. IRS does not usually ask for any other documentation. They will almost always honor the court order without any other paperwork.

Answer 5

Well ask yourself this question."did i make any tax deductible expenses on kids"?, if your answer to this question is yes, then let your ex be aware of the fact that you have a court injuction and tax dedutibles that can be proved. If ex is still proving difficult, then it is kick ex a** time in court legally.

good luck

Answer 6

File a paper return and send a COPY of your court order with it.

Answer 7

Whom ever the kids leave with that is who claim them. You must have proof that the kids resided with you majority of the time. Claim them still and the I. R.S will rise up a red flag and someone will get audited.