Could my dad have committed a felony worthy of prison?

Question

My dad claimed me on his income tax when my mother also did. I live with my mom. He argued in his defense that this is standard after a divorce to alternate years claiming the kid. True or not, legal isn't it only my mom who had the right to claim me as she had custody?

Answer 1

Unless the divorce decree addressed it, only your mother has the right to claim you as a dependent on her tax return. I would not say it is "standard" to alternate, although it is not uncommon. Your dad cannot claim you unless the marital settlement or divorce decree said he could. It is probably not something he would go to jail for, however. He would be assessed fines and penalties by the IRS.

Answer 2

Not true unless things have changed. The last I knew (I was a professional tax preparer a couple decades ago), the deduction goes to the person having legal custody unless the divorce decree VERY SPECIFICALLY states otherwise.

Usually, the non-custodial parent claims the dependent exemption when their level of monetary support (child support) is well in excess of that provided by the custodial parent - the decree details all the requirements and amounts.

He would only go to prison if he has no assets the IRS can get instead - and then maybe not if his tax lawyer is good enough. The IRS only goes after people who do not agree to their terms or claim items that have no legal validity or who represent a significant segment of tax law scofflaws who need to be taught a lesson.

Answer 3

What is and is not 'standard' has no legal meaning. The IRS gives the custodial parent the exemption unless they release the exemption IN WRITING to the non-custodial parent. This can be done for alternating years, for specific years, or for all years. In any case, if it is not in writing, the custodial parent gets the exemption. The IRS is unlikely to seek prison time, but they will make him pay the taxes he would have paid if he had not claimed you.

Answer 4

When your parents divorced, they should have gone to court and had an agreement drawn up and filed with the court which should have been very clear on who was going to claim you. My ex had this very situation and the court order was that every other year each parent was able to claim the child. Did your father get a prison sentence? Any crime involving money belonging to the goverment is a federal crime. E.G. bank robbery, taxes, etc dont steal from the government they hate competion...lol

Answer 5

If the divorce decree granted each party the right to claim in alternating years, then your dad would have the right. If it awarded the deduction to your mother, then your dad could not. If the divorce decree was silent as to the deduction, it goes to your mother, so long as you lived with her more than half the year and she paid more than half your support (which is generally the case when you live with a parent).

Answer 6

He'll just get fined because your mother claimed you. Only one parent, if not married, can claim the child. The government will find out that two different people claimed you then he will have to return the money.

Answer 7

If he's paying child support then he should be able to claim you. If your Mom pays full support for you then she claims you and he can't.

Answer 8

That depends on the conditions of the divorce.

Answer 9

Allah will forgive everything in this world even the major sin... Shirk!!!! But as long as u repent and repen t never loose hope in allah because that is what the shataan wants OK inshalah allah will forgive u ameen and just to tell u allah loves us so much and the one who repents allah loves more because obviously he knows that allah is the only true god who forgives