I am the residential parent, he lives with me his dad gets weekend visitation. It says so in the divorce decree, do Ilet them know that he filed this fradulently? Did he? What do I need to do know and when will I get my return back?
2007-03-05 06:21:26 · 18 answers · asked by joyw99 1 in Family & Relationships ➔ Marriage & Divorce
This often happens. The IRS will flag it when it sees both of you claiming your son as a dependent. You'll then be asked to submit proof that he lived with you for that year. A divorce decree that states you have custody and that you are the residential parent should work just fine, and you've got no worries. He, on the other hand, will have a difficult time explaining why he claimed your son when he didn't live with him. But it's not your concern, and I wouldn't worry about it. Just make sure you can document that he's lived with you.
2007-03-05 06:25:33 · answer #1 · answered by Scotty Doesnt Know 7 · 5⤊ 0⤋
Normally, it should be in the divorce decree who gets to claim the dependants, this includes the EIC. Whoever filed first will get the credit and the other person will get an adjusted return and a letter explaining why it is less then expected. Calling the IRS will do you no good because they dont really care what the divorce papers say. Figure out how much you would get with the EIC and without it and ask him to give you the difference.
2007-03-05 06:30:14 · answer #2 · answered by Kevin J 4 · 0⤊ 0⤋
I don't know definitely what will happen but in my situation, I filed my taxes first and claimed my daughter. My ex had been claiming her despite the fact that I told him on numerous occasions throughout the past year that I was claiming her (I have full custody and he has visitation rights). I found out that he was going to file his taxes about a month ago so I went and did mine first and claimed her. However when he went to do his taxes, despite his attempt, he was unable to claim her since my taxes already went through and he was fined for claiming her the entire year. So perhaps, if you claimed her first then he will be the one penalized and his claim will be denied. However if he did his first, you may have to talk to a professional on what steps to take to report it, which if you are the residental parent you should be able to get the money for the claim but the process might take a considerable amount of time. Good luck with straightening it all out as I know that this type of situation can be extremely stressful and thankfully, I was able to get my taxes done before my ex was able to fraudulently claim our daughter as it appears your ex has done.
2007-03-05 06:32:59 · answer #3 · answered by serenity113001 6 · 1⤊ 0⤋
If he has already gotten his check, you will be notified that the child has already been claimed. IRS will also give you the amount that you would receive without the child. If you get your check first then he will be notified. This paper work will also contain information regarding your rights.
What's really important here, is who filed him in the past. Its true that a child have to live with you, but just the same who is paying for the child's support? This can be tricky depending on what state you live in.
Good Luck
2007-03-05 06:37:57 · answer #4 · answered by dadgonewild 4 · 1⤊ 0⤋
Whoever has custody has that right unless otherwise stipulated in the divorce. It won't affect the person who legally had the right but eventually, the one who filed that didn't have the right will get his just reward. It may not happen right away, but the IRS almost always prevails. They'll get the flag eventually and he'll have to pay it back with interest probably.
2007-03-05 06:31:40 · answer #5 · answered by georgiarose_01 4 · 1⤊ 0⤋
If you tried to file electronically and were denied then mail it in(It will take a little longer for you to get your money but you will get it). What will happen is that the IRS will find out and send a letter to the both of you. Both parents will be asked to show proof of who has the right to claim the child. The other parent will have to pay back the money that they weren't entitled to.
2007-03-05 06:28:10 · answer #6 · answered by juicie813 5 · 2⤊ 0⤋
I am not a tax consultant, but I know in the state of NY that a child must be living in the home for 6 months to claim them on taxes. I would call H&R Block or some other tax consultant, and ask what the tax laws for your state are. If they are the same, I would let the IRS know. the IRS is a force not to be reckoned with. I know I sure as hell wouldn't want to be caught messing with taxes...
2007-03-05 06:26:11 · answer #7 · answered by NicotineFit 3 · 2⤊ 1⤋
Whomever files first gets the money. You will not get back what you think you will since your child has already been claimed. Contact the IRS and inform them of this information, because yes your husband was fraudulent.
2007-03-05 06:29:33 · answer #8 · answered by Lisa P 4 · 0⤊ 0⤋
you need to go to the irs home page and file froud paper work the irs looks at it as a % of time spent with each or how much time = how much support was given the Irs also considers child support so to cover your butt be forth comming and report it.My ex tryed to clame our 3 kids every year,worked under the table only reported his wifes income and It didnt affect my return becouse i could show no support neather could he
2007-03-05 06:36:51 · answer #9 · answered by christine h 3 · 1⤊ 0⤋
whoever has the child in their custody can file. your ex-husband filed and did not give you a form to sign stating it was ok for him to claim your son. he's gonna get in trouble. talk to your tax consultant.
2007-03-05 06:28:36 · answer #10 · answered by lidakamo 4 · 0⤊ 0⤋