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My ex and I are divorced. I just found out he claimed our son. When we divorced we agreed that I would claim him every year. The papers are filed in court. My tax person said I can go ahead and claim my son, but can my ex go to jail for tax fraud?

2007-03-10 11:27:23 · 6 answers · asked by metalwife 3 in Business & Finance Taxes United States

6 answers

Not likely to go to jail, or have this treated as tax fraud - the most likely consequence of claiming someone you aren't entitled to claim unless it's obvious, deliberate fraud like claiming a stranger, is having to pay back the extra taxes, with interest and possible penalties.

2007-03-10 12:04:37 · answer #1 · answered by Judy 7 · 1 0

no, that happened with me and my ex.
i read the instructions and claimed the kid
(he had not paid child support and i had provided 100% of the support) but he claimed the kid too.
the IRS caught it and sent us letter. i had to unclaim him
(because i didn't want to fight the ex about it)
and it just changed my tax amount.
sorry there will probably not be jail.

2007-03-10 11:32:20 · answer #2 · answered by BonesofaTeacher 7 · 0 0

i now if this happens you should ammend your taxes after the filing date i over, and he will be required to pay the money back to the irs, and eventually to you. And his taxes will be monitored for 3 years after this. I am not sure about any charges that could/would be filed.

2007-03-10 11:39:56 · answer #3 · answered by wendoverdaze 1 · 0 0

its considered tax fraud so yes he can go 2 jail for quite a while.

2007-03-10 11:35:56 · answer #4 · answered by *-*jynx*-* 1 · 0 1

If he is audited he'll have to explain. Your agreement that you would claim your son as an exemption will likely have to be proven by being in writing.

2007-03-10 11:32:09 · answer #5 · answered by Venita Peyton 6 · 0 0

Possible jail and/or a fine if you can't explain it to their liking.

2007-03-10 11:33:35 · answer #6 · answered by SUSAN K 3 · 0 0

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