I am the custodial parent and I have physical custody of the child. Her father claimed her on his taxes before I did without my knowledge or permission. What are the fines and penalties involved with this type of fraudulent filing for him? Has anyone else had this happen to them?
2007-04-11 12:09:27 · 4 answers · asked by Curiousthoughts 1 in Business & Finance ➔ Taxes ➔ Other - Taxes
It happens all the time, unfortunately - he's not unique. You'll have to file your return by mail, claiming her. When she's claimed on two returns, the IRS will notify both of you that she was claimed by someone else, and ask for proof that you are the one with the right to claim her. If there's no valid court order saying he can claim her, you'll win that one since you are the custodial parent, and he'll have to pay back whatever he "saved" in taxes by claiming her, plus interest and possible penalties.
2007-04-11 14:49:51 · answer #1 · answered by Judy 7 · 0⤊ 0⤋
If he pays child support and you signed a waiver agreement, then there is nothing you can do. Otherwise you will need to paper file your return and claim your child as a dependent, attach any proof of custody documents. The IRS will audit him. The efile system will reject your return if you file online. Send it by mail by April 16 midnight.
2007-04-11 23:06:08 · answer #2 · answered by emulwa 2 · 0⤊ 0⤋
You can file as you normally would,, the IRS will contact you both for proof that you had custody of the child. After you prove you had the child, he will have to repay the tax and pay interest. If he filed for EIC, he won't be getting that for 10yrs.
2007-04-11 21:35:52 · answer #3 · answered by Jo Blo 6 · 0⤊ 0⤋
my brother inlaw did the same and the made him pay back what he got plu more I think he had to pay 700.00 in fines and was told he would get it worse the next time he tried to cheat money out of them.
2007-04-11 19:13:01 · answer #4 · answered by kidi_69 3 · 0⤊ 0⤋