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  1. #1
    Join Date
    Aug 2010
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    Harteville
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    Default Someone Else Claimed My Kids on Their Taxes

    Ohio Dad here. I got a letter in the mail from the IRS stating that someone else has used my children's SS# as an exemption. Not sure what to do from here?

    Here's the catch, My ex-wife may be the one who claimed them - (not sure). The children live with her (she is the custodial parent) ... however our separation papers state that I get to claim the minor children for tax purposes, BUT she has always refused to sign the necessary IRS paperwork (from 8332) granting me exemption rights. (ive efiled for 7 years without that paper) .

    Im just looking for some insight... Whats going happen next??

  2. #2
    Join Date
    Jul 2007
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    Florida
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    Default Re: Someone else Claimed My Kids on Their Taxes

    Whether the 8332 is required or not depends on what year your divorce took place and whether there is any condition on your right to claim the exemption(s). For example, if the divorce says "so long as you are current on child support payments, you may..." that is a condition and the IRS wants nothing to do with that. If you are entitled but your ex refuses to sign a necessary 8332 that could constitute contempt of court, but you'd need to get a lawyer to pursue that. The IRS should have given you instructions as to what to do in the letter you received. At the least, you'll need to provide them with a copy of your divorce papers that grant you the right to claim the exmeptions for your kids.

  3. #3
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    Aug 2010
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    Harteville
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    Default Re: Someone else Claimed My Kids on Their Taxes

    No, the court papers say specifically that I reserve the right to claim the children on my taxes without stipulation. (DIVORCED IN 2004 - OHIO) This was based on the fact that she has never had a job during the marriage. She started working after the divorce. But has refused to sign the 8332 form every single year. I tried filing with HR block & they required that form. So i used e-file because the online form never asked me for it.

    Funny thing is... this year I ran fortunatley into some extra cash & being a generous person.... I handed her $1000 (equal to the 1 child tax credit) in cash as a gift.... She refused it... & now I know why. (how ironic).

    BTW, thanks for your reply.

  4. #4
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    Florida
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    Default Re: Someone else Claimed My Kids on Their Taxes

    From what you're telling me, you should have attached pages from your divorce decree to your return and send that to the IRS when your tax return was filed (or mailed with form 8453 if you filed electronically). See the middle column of page 30 in IRS Publication 17: http://www.irs.gov/pub/irs-pdf/p17.pdf.

    I would suggest that you make copies of those pages and send them to the IRS with a copy of the letter you received from them to the address they specified in their letter for your response. That should take care of it. Your ex will then have to amend her return and remove the exemptions and the child tax credit from her return. Good luck.

  5. #5
    Join Date
    Oct 2006
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    5,452

    Default Re: Someone else Claimed My Kids on Their Taxes

    Quote Quoting Bubba Jimmy
    View Post
    From what you're telling me, you should have attached pages from your divorce decree to your return and send that to the IRS when your tax return was filed (or mailed with form 8453 if you filed electronically). See the middle column of page 30 in IRS Publication 17: http://www.irs.gov/pub/irs-pdf/p17.pdf.

    I would suggest that you make copies of those pages and send them to the IRS with a copy of the letter you received from them to the address they specified in their letter for your response. That should take care of it. Your ex will then have to amend her return and remove the exemptions and the child tax credit from her return. Good luck.
    I am sorry but I have to disagree with this advice. The rules changed for 2009 forward. Attaching pages of a divorce decree (per the instructions on from 8332) are no longer applicable. You must have a form 8332 or a separate statement that is equivalent to form 8332. The old rules are still applicable for years prior to 2009.

  6. #6
    Join Date
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    Florida
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    Default Re: Someone else Claimed My Kids on Their Taxes

    You are correct for a divorce that took place in 2009 or after. For a divorce that took place prior to 2009 (which the OP indicates is the case, having filed for 7 years) the law that was in effect at that time still applies. See 2009 Pub. 17 page 1 bottome of column 2, or page 11, column 1 (mid-page) or page 30 middle column under the heading, "Post-1983 and pre-2009 divorce decree or separation agreement". Page 30 describes in detail the procedure for attaching certain pages from the divorce decree or agreement instead of form 8332. The change in the law only applies to divorces that take place after 2008.

  7. #7
    Join Date
    Oct 2006
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    5,452

    Default Re: Someone else Claimed My Kids on Their Taxes

    Quote Quoting Bubba Jimmy
    View Post
    You are correct for a divorce that took place in 2009 or after. For a divorce that took place prior to 2009 (which the OP indicates is the case, having filed for 7 years) the law that was in effect at that time still applies. See 2009 Pub. 17 page 1 bottome of column 2, or page 11, column 1 (mid-page) or page 30 middle column under the heading, "Post-1983 and pre-2009 divorce decree or separation agreement". Page 30 describes in detail the procedure for attaching certain pages from the divorce decree or agreement instead of form 8332. The change in the law only applies to divorces that take place after 2008.
    You are correct, I got that wrong. I cannot open pub 17 at home (file to big for my computer to handle) but I did look at the instructions for form 8332 and it has the same wording.

    My original answer came from seminar materials that I saved. That's disturbing.

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