separated for 7 yrs., i am the custodial parent what happens if he claims kids and i don't know?

Question

will i get in trouble with irs if he claims kids on tax return and i do to and didn't no he already did?

Answer 1

If the kids are living with you for more then 6 months out of the tax year only you should be claiming them. If you claimed them and he did too then he will be the one who has to pay that money back. Now some states will cut off any returns from the person who claimed them who they don't live with for 5 years depends on the state........

Answer 2

OK, I am in Illinois...but since we are talking federal return this should apply to you to..

I always have claimed my kids...but 2 years ago, when I tried to claim them, 1 wouldn't go through...he had claimed first child.

I called the IRS and they told me that I had to go ahead and file a paper return and they would sort it out...they would audit and decide who would get the deduction. It was a mess.
My lawyer said that since he filed first there wasn't anything he could do.

I did get the deduction, but here is what we do now...

We file our taxes off of our LAST paycheck of the year...It has all of our tax info on it. We file automatically over the Internet. We file early January before he has a chance.

E-mail me if you have any more questions!

Answer 3

No. In fact, when they see two people trying to claim the same children they will investigate both people. Since he is not the custodial parent, he cannot claim them and will thus face further scrutiny--and penalties--at the hands of the IRS.

Answer 4

Had exact same problem. You have to send a copy of the court paper granting you the custodial parent. This way he will be audited and have to pay the money back if he got returns. It may take longer for you to recieve your refund, but you will recieve it. Good Luck! If you do your taxes yourself online, you will have this explained to you when you put down your child as a dependent.

Answer 5

Usually, who claims the kids as dependents is figured out in the separation agreement. Usually, in the case of joint legal custody, it is alternated year after year. If there is no agreement, the right to claim falls to the custodial parent.

This will only become an issue in the event of an audit.

Hope that helps

Answer 6

You will not get in trouble. Initially, the first person to file will get the exemption. After that, it is up to you to provide proof that you are supposed to claim the kids. Proof would be the custodial agreement that specifically states that you get the exemption. If it is not clearly written in the custody agreement, then get a lawyer. In the end, if you are supposed to get the exemption, you will get it and he will have to pay back taxes and penalties.

Answer 7

The IRS knows if the children SS has been used. If in the custody agreement it states that you can claim them, then you are off the hook. If not, you are screwed

Answer 8

no he'll get in trouble....u have same situation just like my sister...her ex husband claim the son and my sister too at the same time....well IRS is not crazy enough for them to NOT find out who has the kid they know...trust me....now he end up paying the IRS...so don't worry....good luck

Answer 9

Of course he is claiming the kids, he still has to file as married because you are still legally married. So naturally the dependents are his...Your ignorance of this is no excuse. YOU are still married to the man it is no excuse that you don't "know". You're bound to get into trouble with the IRS as it is if you're not filing with him. You're NOT single, nor divorced...you are STILL married...

Answer 10

The IRS goes by who filed first. So if you got a return and he did to if he filed first its his money. And you will have to pay the IRS back. And they will catch it.....