What to do if Ex spouse claims kid on taxes but wasnt suppose to?

What to do if Ex spouse claims kid on taxes but wasnt suppose to?

Postby kaley » Sat Feb 19, 2011 5:34 am

My ex wife claimed our son on her taxes but by court order in our divorce papers she is not suppose to and I am.It clearly states that I am to claim him EVERY year unless changed in court.What do I do to fix this.What if she already got the refund and what penalties would she have to pay.
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What to do if Ex spouse claims kid on taxes but wasnt suppose to?

Postby kearn » Sat Feb 19, 2011 5:35 am

You need to file your own return, claiming the child as well. If your ex e-filed, then you won't be able to, and you will have to file a paper return.

The IRS will investigate and give the deduction to the parent who is legally entitled to it. The parent who isn't will have to pay back any amount of their refund that they didn't deserve, plus interest and penalty fees.
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What to do if Ex spouse claims kid on taxes but wasnt suppose to?

Postby ogden73 » Sat Feb 19, 2011 5:36 am

In your paper return, you should enclose your court papers to prove your rights.
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What to do if Ex spouse claims kid on taxes but wasnt suppose to?

Postby linleah » Sat Feb 19, 2011 5:39 am

What is the date of the decree?

If it's prior to 2009 then attach copies of the cover and signature pages of the decree and the pages that give you the exemption to your return and mail it in. You MUST file a paper return by mail every year in this case.

If the decree is dated after 2008, the IRS cannot honor it by law. Unless she gives you a completed Form 8332, she can claim the child.
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What to do if Ex spouse claims kid on taxes but wasnt suppose to?

Postby brennon74 » Sat Feb 19, 2011 5:40 am

If she doesnt cooperate you can take her back to court on contempt.
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What to do if Ex spouse claims kid on taxes but wasnt suppose to?

Postby gijs22 » Sat Feb 19, 2011 5:42 am

IRS ignores court orders, it goes by federal tax law, which court orders do not supersede. If she had custody, she claims. Period.
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