non custodial parent wrongfully claiming child on taxes?

Question

What do you do when the non custodial parent wrongfully claimed the children as dependents and filed their tax return first. My E-file was rejected because my dependants had already been claimed. I am legally entitled to claim them as dependants. should I mail in a 1040 along with a copy of the portion of my Decree stating the fact and or do i need a form signed by my ex-spouse releaseing interest?

Answer 1

As previously stated, you will have to paper file, but it will be worth it. As long as you have the supporting documents as well as pass the custody determnation. For instance if the divorce decree does not specify who can claim the children, then it goes to whoever had the children the longest. (yay for number of days in the year being odd) But you say you have the decree, so that should be enough. Just send in a notarized copy and sit back and wait. Even if they lived with your spouse most of the year, if your decree states that they are yours, then get what is yours!!!!

Answer 2

You must file a paper reutrn. The IRS will flag both returns and contact both taxpayers. They will ask for you to either file an amended return or provide proof of your entitlement to the exemption. You'll need to provide proof that the children lived with you for the greater portion of the year.

The decree will be largely ignored by the IRS unless it meets EXACTING requirements stated in Federal law. Those requirements are for the non-custodial parent to claim the children so they won't apply to you in this case anyway.

The IRS will then award the exemption according to law and send the other party a bill for any tax due.

Answer 3

Mail in your return, claiming the child. You don't need something signed by your ex-spouse. The IRS will notify both of you that the dependent was claimed on multiple returns, and ask for proof that you are the one with the right to claim the children. Then respond in a timely manner, giving them whatever proof you have.

Answer 4

Mail in your return!

Enclose a cover letter with your return stating that you are the custodial parent. Include a statement of facts summarizing the matter. Add that "the statements in your letter are true fact under the penalty of perjury". Be sure to mark your social security number on all pages of your letter.

Enclose copies of court documents assigning you custody.

When the computer flags your return for a desk audit, most of the information will imediately be available. This will save time and expedite your refund. There is a possibility that the IRS will request further info.

Be proactive. Do not wait

Answer 5

This happened to me a few years ago. I consulted my tax preparer,as should you, in case they have changed protocol. It sucks but I just had to paper file(by mail) claiming my dependent child. The IRS took care of the rest. Aprox. 6 months later I received a letter requesting proof ie. school enrollment,custody agreement etc. At the same time the non custodial parent received the same letter. I never heard back from the IRS. They collected from the other parent. This is fraud on their part, and they will have to answer to the IRS.

Answer 6

Since you are legally entitled to claim child dependents, write in to the Tax Department urgently with supporting documents. They will revised your ex-spouse's claims.

Answer 7

Aww someone in big trouble either turn them in or threaten to and get the money from them......IRS dont take kindly to fraud and this person could potentialy get some jail time

Answer 8

I like pigeons and wheat grass or weed grass!