Results 1 to 8 of 8
  1. #1
    Join Date
    Jan 2006
    Posts
    1

    Default Wrongful taking of dependent child tax credit

    I hope somebody can please help me. I went to the tax preparer and filed my taxes yesterday. When I went to pick up my check, they informed me that someone else claimed my daughter. I have full custody of my daughter and have had the tax credit for the past five years. My ex husband went and filed his taxes and claimed her this year before I was able to. I did not give him permission to do this whatsover. He said he had decided that since he pays child support he is entitled to. She is only with him every other weekend. She resides with me. What do I do? Who do I need to contact? Will they straighten this out?[/list]

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,846

    Default Wrongful Taking of Deduction for Child

    The most obvious actions: You can file a motion with the court which granted you the deductions, asking for appropriate relief, and/or you can take the deduction anyway in which case the IRS will investigate and deny one of you (presumably your ex-) the deduction.

  3. #3
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default

    Yeah, your ex husband screwed himself pretty good this time.
    I pay child support also, and I also think I should get to claim my son every year, but that's not how it works,lol
    I have specific language in my Divorce decree about claiming my son, and who gets to do it. If there is no language in your divorce papers about this, then, whoever has physical custody of the child, gets to claim him.
    File away, alert the IRS, stand back, and watch the fireworks.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default

    If there is no language in the custody order, the IRS will apply its own rules to determine who can claim the deduction - which will usually be the primary physical custodian.

    Quote Quoting "Can a court order determine who takes a child for a deduction? Does the court order supersede the IRS requirements?[/quote
    Federal law determines who may claim a dependency exemption. Please refer to Publication 504, Divorced or Separated Individuals, for more information on the special rule for children of divorced or separated parents.

  5. #5
    Join Date
    Dec 2005
    Location
    Pennsylvania
    Posts
    25

    Default

    I had to go thru the same thing with my exhusband last year and also this year. He tried to claim my our one daughter on his taxes. Both girls live with me full time, and it is NOT stated in our divorce decree that he can claim either or both kids on his taxes. SO, I talked to 2 different people fromt he IRS just in the last 2 weeks about it. They BOTH told me that if it isn't part of the divorce decree that the non custodial parent be allowed to claim any or all of the children after the divorce, then the non custodial parent is NOT ALLOWED to claim them at all. It is not stated in my divorce decree that my ex be allowed to claim either of the kids. I was also told by the IRS that if a paper is not signed, notarized, or stamped by a JUDGE, then it is ILLEGAL for the non-custodial parent to take claim on the kids. SO.. I told them about what he had done last year and what he tried to do this year. There is a GOOD chance that he will be busted. I was awarded money last yera that he ILLEGALLY claimed on his taxes, because the child he claimed lives with me-- then and now--- and they are making him pay back every penny that he took from me. Contact the IRS ASAP!!! Let them know what your ex has done,a nd they will fix it for you!!! Oh, and DAD2-- I agree with you!! He has literally screwed himself!!!

  6. #6
    Join Date
    Dec 2005
    Location
    Pennsylvania
    Posts
    25

    Default

    Also, Dad2 is right... whoever has physical custody of the kids is the one who is allowed to calim them, UNLESS the kids lived with the non-custodail parent for at LEAST 6 MONTHS of that year. My kids lived with me for the full 12 months of both years, so my ex is going to PAY BIG TIME!!! Oh, and one more thing, DAD2... Nothing against you at all, but, I feel that if the non custodial parent does not pay child support or have visitation rights with their kids, then they shouldn't be allowed to calim ANY MONEY for the kids come tax time..... That is my case.. my ex does not pay CS, nor does he have visitation rights with the kids.. so the money that is to go to the kids, should stay OUT OF HIS POCKETS!!!!

  7. #7
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default

    I agree shelle,
    If the non custodial parent doesn't see, or doesn't pay child support, they shouldn't get to claim them as a dependant.
    However,
    For the most part, Dads pay on time, every time, every month.
    We should get to claim that money.
    That money, that mom gets, is not only a sh*t load of money every month, but it's money that they dont have to claim.
    Ok, fine, they don't claim it, doesn't bother me any.
    But, I have to pay taxes on that money that I never see.
    Paying taxes on $11,000 a year that I never see really hurts.
    I should get to at least recoup some of that money.
    It sucks that because I didn't get along with my wifes secret lover, I get screwed at tax time as well as all the other screwings I get.

  8. #8
    Join Date
    Dec 2005
    Location
    Pennsylvania
    Posts
    25

    Default

    I agree also with you, Dad2.. IF the dad-- or whoever--- Does pay CS, and visits with the kids regularly, then they should be able to see some of the "profits" in the end. BUT.. These people that could care less about their kids and REFUSE to pay CS to help take care of them, should not be geting ANY of the "profits" that are owed to the children. I know that different people pay different amunts of CS for their kids. Not everyone pays the same every month. My EX, however, had to pay only 216.00 a month-- it just now got raised to 300.00 a month because of him being 2,400.00 on arrearages, and the courts are tired of his excuses on why he won't pay. To me, 216.00 is not alot of money.. MY ex USED to pay me 200.00 a month and he complained because he said that was TOO MUCH MONEY for CS. I do understand that there are parents out there paying out the wazoo for CS, and some don't even get to se their kids. But, ones like my EX, Chose NOT to see his kids, and NOT to pay CS, so, NO.. I don't think he should have the benifit of claiming anything when it comes tax time.... If you are a single parent and you are with your kids 24-7, with the other parent refusing to do anything to help you out, then YOU should be entitled to ALL the benifits....

    1. Sponsored Links
       

Similar Threads

  1. Replies: 5
    Last Post: 06-07-2010, 09:28 AM
  2. Replies: 5
    Last Post: 01-04-2008, 06:23 AM
  3. Dependent Care Tax Credit Question
    By jhoensen in forum Tax Law
    Replies: 1
    Last Post: 01-04-2008, 06:17 AM
  4. Can My FiancÚ Use My Child As A Dependent
    By jetsetter78 in forum Tax Law
    Replies: 3
    Last Post: 07-25-2007, 09:53 AM
  5. Termination: Wrongful termination for taking sick leave
    By bethann in forum Resignation and Termination
    Replies: 4
    Last Post: 02-24-2006, 08:04 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Free Tax Forms
Download free federal tax forms.




Untitled Document