He has the right to claim them but she already has.now he is ready to file his. He is self-employed. Will they kick his back out or accept it and make her repay them? His income is higher and has legal custody. or just deny him entirely and make him pay cause he doesn't have dependants?
2007-03-08 16:12:29 · 8 answers · asked by lectric lady 2 in Business & Finance ➔ Taxes ➔ United States
If the father has legal custody and the children live with him then he has the right to claim them as dependents. (I'm assuming the children meet all the requirements for being dependents). He should file his tax return and claim the kids. The IRS will send both parents letters stating that more than one person claimed the same dependents. Then both parties will have to provide proof that they are entitled to the dependent deductions. The father could simply show the legal documents awarding custody and the IRS will state that hes entitled to claim the dependents. The process can take weeks however, and it may be awhile before he receives any refund due him. The mother will be required to pay back the money, plus interest.
If the father isnt married, he can most likely claim "head of household" also.
2007-03-08 16:26:17 · answer #1 · answered by tma 6 · 3⤊ 0⤋
not unavoidably. Are they divorced? if so, the divorce decree could state who gets the based on the tax return. In absence of a divorce decree, what did the court docket state approximately custody and help? The court docket rfile overrides all different circumstances. If there at the instant are not any criminal agreements, and the daddy is offering greater advantageous than a million/2 of the youngster's help (which isn't too not undemanding to do, somewhat if he pays for the housing for the youngster), then the daddy could be claiming the youngster. this could get nasty, however. of course, if 2 human beings declare an identical based, it is going to likely be observed by using the IRS. If the daddy has valid reasons to declare that youngster (study that tremendously much as good good evidence that he's certainly the only procuring the help of that youngster), then probability is the mummy would be disallowed the deduction.
2016-10-17 22:31:59 · answer #2 · answered by ? 4 · 0⤊ 0⤋
When there are two parents disputing claim of the children on the tax form, the IRS will always award the claim to the first one that files. The second person will be rejected and will have to challenge.
The challenge will go to the parent who has the right to claim, and here's the way they handle tie-breakers:
--If only one parent passes all the tests to claim them, that parent wins.
--If both parents pass all the tests, the tie goes to the parent with the right to claim per the divorce decree. Court judgments carry authority with the IRS and they will award the deduction over the tax code as long as the parent passes the tests to claim the dependent.
--If the divorce decree doesn't specifically award the tax deduction, the tie will go to the parent with whom the children lived the longest.
--If there's still a question, the deduction will go to the parent who earned the most money (highest AGI).
--Whenver there's a non-parent involved in the challenge, the tie always goes to the parent. It's always presumed that the parent provided the most care.
2007-03-08 20:44:26 · answer #3 · answered by Anonymous · 0⤊ 1⤋
If you try and efile and she filed first, then your return will be rejected if she has already claimed them. However, you can file a paper return and claim them. IRS will then send you a letter about the dependents. You can provide documentation to support your claim (school records, shot records, legal paperwork etc). If you prevail, you will get to claim them and she will get a tax bill for the refund she was not entitled too. The bad news is that it will be 4-6 months before this is resolved.
2007-03-08 18:58:08 · answer #4 · answered by exirsman 5 · 1⤊ 1⤋
She will get the credit as she filed first. As she didn't have the legal right to claim the children on her taxes, this becomes a very complicated matter and could involve a civil suit. The IRS will not get involved unless forced to do so. It would basically take you hauling the requisite paperwork to an IRS office and discussing the matter with an agent there. Once proven that she has taken credits that she wasn't entitled to, then it becomes tax fraud and could result in prison time, most likely, she would have to pay back what she got credit for.
2007-03-08 16:24:10 · answer #5 · answered by mcdomnhal 3 · 1⤊ 4⤋
Its probably in the divorce decree. Submit a copy to the IRS with tax return.
2007-03-08 17:04:11 · answer #6 · answered by jeff410 7 · 0⤊ 1⤋
Contact the IRS.
2007-03-08 16:20:45 · answer #7 · answered by notyou311 7 · 0⤊ 2⤋
1) They aren't very good at checking taxes (esp. against other tax filers)
2) If he provides for over 50% of their financial support, they are his to claim (this includes housing expenses)
-- if you are unconfortable w/ her doing this, you can make (i'd not mention your name) a call to the tax-fraud 800#.
2007-03-08 16:21:48 · answer #8 · answered by contemplating 5 · 0⤊ 4⤋