if my husband doesnt tell his kids mother that he's cliaming the kids this tax season and she doesn't work so

Question

she dont claim taxes but she always lets here mom claim them the kids don't leave with the grandma will my husband get in trouble with the IRS if he just claims them and not tell the mother since he is paying a whole lot in child support and is up to date and she's not claiming any taxes doesn't my hubby have 2nd to her

Answer 1

Here's the problem.

The children are presumably qualifying children for the mother and if no other adult relatives are in the household, she is the taxpayer with the default right to claim them.

In addition, if the special rules for divorced/separated parents apply (the parents and not grandma and not the state support the children), *she* can agree to let the father claim them (but no one else) by signing the form 8332 or it's equivalent. The fater would then attach the form to his tax return.

If the father claims the children *anyway* eventually this is going to exams. The father will lose them on his return flat out because he won't have the form 8332. He'll have to pay back any refund received, plus penalty, plus interest.

If the grandmother is caught erroneously claiming the grandchildren, she'd have to pay back the refund received, plus penalty, plus interest and if she also claimed EIC, would be banned from claiming EIC for 10 years.

Answer 2

If your husband claims them but they don't live with him and he doesn't have written permission from the mom if they do live with her, and grandma also claims them but they don't live with her either, both grandma and your husband will get letters from the IRS telling them that if they don't have the right to claim them, they need to file an amended return dropping the claims. Then if nobody does, the IRS will investigage to see who if anyone has the valid claim, and since neither does, they BOTH will be disallowed, and both people will have to pay back whatever extra taxes they owe without the exemptions,plus interest and possible penalties.

If the kids live with their mom and no other close relative, she's the only one who can claim them. She could sign the exemptions over to their dad, but unless she does this in writing, and there's no court order saying he can claim them, then he can't either. If she doesn't sign the rights over to the dad, and she has no income so she doesn't file, then NOBODY can claim them.