My daughter lives with me fulltime but her dad files her on his taxes.What can I do to stop him?

Question

I let him file her some yrs.ago when I was out of work but now he gets his w-2 forms before I do and he files her anyway even when I tell him not to.Is there a way I can contact the IRS?

Answer 1

Before the year is out, file amended returns for 2004, 2005, 2006 as applicable, for the years when the child's father took that exemption without your permission. You would have had to sign over permission for him to take the exemption when he did not live with the child, or there would have to be a court order awarding him the exemption.

For 2007, you can e-file with the child as a dependent. If it is rejected because he filed first, file a paper return with the child.

The IRS will be collecting the credits that have gone to him, and you will be getting the credits that should have gone to you.

If you do as suggested, you will not only stop him, but he will have to pay back any credits he received incorrectly.

Answer 2

Yes, just go ahead and claim her. It doesn't really matter who files first - since you are the custodial parent, you have the right to claim her, not him unless there are court papers giving him that right or you have given him written permission to claim her for those years.

If you efile and he already has, yours will reject if she's already been claimed, and you'll have to mail it in. Then the IRS will investigate both of you to see who has the right to claim her - you'll win, you'll get your refund although it will be somewhat delayed while they investigate, and he'll have to pay back the taxes he "saved" by claiming her plus interest and possible penalties.

If you are on speaking terms with her dad, you could tell him ahead of time this is what you are going to do, tell him to read the instructions for dependents or tell him to call the IRS and ask them who can claim her - that might get him to stop claiming her and that way there wouldn't be a delay in your refund.

You can file amended returns for years since 2004 and will likely get a refund.

Answer 3

If you have custody of her you should be the one filing unless stated otherwise in a custody or divorce decree. Even if he files you can claim her also, if you have the legal right to claim her and are the custodial parent the IRS will come after him. You might want to let him know you will be claiming her this year before you do.

Answer 4

Just a procedural note: If you are both going to claim her as a dependent, the one who files last should do it by mail (not e-file) since the e-file will get rejected if IRS records show the dependents SS# has already been used.

Answer 5

Yes contact the IRS and also the department of Human services (not sure what it's called in your locale, Family services) If you provide to the IRS a notarized statement showing that you have full and complete custody of your daughter, and that more than half of her expenses are paid directly from you, the IRS will consider him a fraud and could fine or imprision him.
Also, you should check the court records or divorce decree, it may have been written into the agreement that he could file, if he is always current with his child support. Better to cross your T's and dot the I's before calling in the feds.

Answer 6

While some of this advice is excellent, it's important to know whether you gave him permanent permission as part of your separation or divorce. Also, is he giving you child support and/or paying expenses for your child that could add up to more than 50% of the child's support? Do you live with someone else who may actually be providing the "home"?

Basically, if you did not give him permanent permission as part of your agreement, and you are providing/paying most of the expenses (more than 50%), then take the deduction & work out with the IRS when they contact you (& you can amend back 3 years).

Answer 7

Just file your return and claim your daughter. The IRS will contact you both and sort it out. Most likely you will be given the exemption and he'll get a bill for the additional taxes that he will owe as a result.

You can file amended returns going back up to 3 years if you wish and get the extra money refunded to you. And make his life a bit miserable in the process. ;)

Answer 8

Was there a provision in your divorce decree that allowed him to take her?

If not, go ahead and claim her this year. The IRS will note the double claim and contact both of you to clarify. That is when you show the IRS you have full custody.

The IRS is so competent in this area..Example: In 1976, I claimed my current wife. Next year, I remarried and claimed my new wife. The Service wrote me to say they noticed a Social Security Number discrepancy and wanted me to explain.

My new sife's name did not agree with the SSN so she had to show her name changed. Big Brother is really watching but it will be good news for you.

Answer 9

Call this number 1-800-829-1040 Thats the number to the IRS where you can ask questions.

Answer 10

Sounds like you are trying to get him in trouble with the IRS, maybe to settle a grudge over a bad divorce?

Regardless, I would say mind your own business when it comes to this issue. For your own peace of mind, ignore whatever he is doing, it's on him and for his conscious to deal with. Going through the hassle of turning him in will only give you momentary satisfaction. And lets say your diabolical plan works and you manage something drastic, like bankrupting him. Who do you think that ultimately hurts? Him or your daughter?

For your part, all you can do is claim her also, but keep records to prove she was living with you in case this situation raises a red flag with the IRS. Maybe school enrollment papers, doctor bills etc. You will have the proof to back you up and you have nothing to worry about.