What happens if my childs father unlawfully claims my child on his taxes?

What happens if my childs father unlawfully claims my child on his taxes?

Postby uistean » Wed Jan 26, 2011 6:54 am

every year he threatens me with this and every year i make it to h and r block before him and get my taxes efiled. i am really worried that this will be the year that he makes it first. although he does pay child support my child lives with me all year long. we have a custody agreement and all he has is every other weekend. i know that if he does claim him and i take this to the irs that i will win but, i guess what i am asking is when i go to efile and they tell me that my sons ss# has already been used where do i go from there? what will happen and how long will it take for me to get my money back? also i have another child who i will be claiming. do i have to wait for all of my refund or only the part of the refund that would come from my son?
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What happens if my childs father unlawfully claims my child on his taxes?

Postby oates89 » Wed Jan 26, 2011 6:55 am

You will have to file a paper return and it will delay the return about 6 to 8 weeks after you file at a minimum. The whole return will be delayed.
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What happens if my childs father unlawfully claims my child on his taxes?

Postby kort18 » Wed Jan 26, 2011 6:56 am

When he beats you to filing, you then have to mail in a paper return and include a copy of your custody papers
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What happens if my childs father unlawfully claims my child on his taxes?

Postby tringad17 » Wed Jan 26, 2011 6:59 am

from experience he will have to pay the money back if he is paying child support. he can only claim the child if the child is living with him. so even if he do file before you do he will have to pay out a lot more than he want
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What happens if my childs father unlawfully claims my child on his taxes?

Postby lawson44 » Wed Jan 26, 2011 7:01 am

If he files before you do, you wouldn't be able to efile. You'd have to have the form printed, and mail it in. And unfortunately it would delay your refund, probably by a couple months, maybe more. Sometimes the IRS sends part of your refund while they're investigating, but not always.

Good luck.
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What happens if my childs father unlawfully claims my child on his taxes?

Postby rald » Wed Jan 26, 2011 7:03 am

I would call the IRS and inform them of what he is doing. Only the person who supports the child for more than half the year and has the child living with them for at least 6 months of the year is legally entitled to claim them. If you call the IRS they might be able to flag his ss# so they can stop him if he even tries.

If he does beat you and they say ss# has been used you will probably have to wait for your whole refund. About 7 years ago it happened to my mother with my little sister, no one else claimed her, but the IRS was just doing a random EIC audit. Her whole refund was held up until they were satisfied, so that is probably what would happen.

Even if the IRS can't flag him or anything like that, maybe they can tell you what you can do.
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What happens if my childs father unlawfully claims my child on his taxes?

Postby aubin » Wed Jan 26, 2011 7:09 am

What does your court papers say about claiming the child for taxes? Iv yet to see a custody order not address this.

Something to think about, I have 2 kids that live out of state, I pay support and insurance and only get to see them 5 weeks a year. The custody papers are clear that I can claim them both. This year the Irs is accepting custody papers if you do not have the 8833 (could be wrong form number) signed according to turbo tax.

Morally if the father is paying support and apart of the child's life you should at least split years claiming the child.
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What happens if my childs father unlawfully claims my child on his taxes?

Postby warwyk » Wed Jan 26, 2011 7:13 am

it doesn't eally matter, IRS says the parent with whom the child spends the majority 'nites' with claims the exemption
that would amount to 183 nites, and weekends hardly qualifies
if he filed first and you were rejected, file manually and when it is rejected there, protest and make IRS make him prove he is the qualified parent, this is fraud and needs to be stopped
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What happens if my childs father unlawfully claims my child on his taxes?

Postby eideard » Wed Jan 26, 2011 7:17 am

If he earns more then you, than you could benefit financially from letting him take the claim. Talk to an accountant.
url_not_allowed.org/ChildSupportNTaxes
url_not_allowed.org/ChildSupportQuiz
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What happens if my childs father unlawfully claims my child on his taxes?

Postby arioch59 » Wed Jan 26, 2011 7:21 am

first file your taxes with both children and efile. if it gets rejected, take off the child and resend it, you will get some of your refund back quickly and then send paperwork that others suggested to irs and wait for the rest.
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