Results 1 to 7 of 7

Hybrid View

  1. #1
    Join Date
    Feb 2014
    Posts
    3

    Angry How to Stop My Ex From Fraudulently Claiming Our Child as a Dependent

    Can someone PLEASE explain how, or the steps/phone numbers/agencies-besides getting an attorney, I must take to get the IRS to take more serious action against my EX for fraudulently, AND HABITUALLY, claiming our child on EX's tax return EVERY year?

    Background: We have been divorced for 12 yrs. Divorce decree allows for one, or the other party, to claim our only child EVERY OTHER year, specifically stating-even years to EX and odd years to me.

    The first two times EX claimed child in my years, I let it go (even though I reminded EX this was not acceptable) because EX takes it out on my child.

    In last 10 years, each time I try to e-file, I can not because it states that someone else has taken my dependant that year (later I find out it is EX-as he has no problem admitting so). Therefore, I file my return without my child, in order to meet the Apr. 15th deadline, by paper filing an amendment, no later than the end of April, INCLUDING a copy of our Decree.

    Per IRS rules, for the year our Decree was filed, copy of Decree is the required proof IRS needs to show why I should get my child. Every time I have had to do this, in approximately, December of year filing amendment, I get my return which is correct, which is me receiving my child as a dependant. I HAVE NEVER BEEN AUDITED, NOR HAVE I EVER RECEIEVED ANY LETTERS FROM IRS, regarding ANY matters, much less regarding this specific issue. This states an obvious belief by the IRS that I am correctly and continuously NOT trying to defraud them.

    Every odd year wherein it is my year to claim my child, I start reminding EX, usually in about July (of the tax year I am to get my child)....and every year EX states EX spends more money on my child, or my child spent more time with EX, or EX would owe if EX didnt take my child, etc., etc.-always some excuse-regardless that I remind EX that the CHOICE is NOT EX's to make. I have even gone as far as offering a portion of my return to EX (enough to cover whatever EX's owing amount would be), I have financed multi-thousand dollar vacations wherein EX states EX could not go if EX cannot claim my child, regardless that in Decree there are set vacations that the 3 of us are ordered to take as a family at certain ages of my child. I do this for three reasons: EX refuses to sign ANY document, prepared by any individual that makes a change to the Decree, whether in EX's favor or not, whether in regard to something that has already transpired or not...2nd-My child knows of the vacations and therefore would be heartbroken should any not be taken. Due to the vacations being ordered and EX's refusal to sign any document, should they not be taken when ordered I want to ensure that I have followed all Decree orders to a T! 3rd-EX turns facts around thereby making it "my fault" should we not go; therein trying to "turn" my child against me. Finally-I have gone back to Court to administer changes only to meet a brick wall because I inadvertently titled the document incorrectly and the Judge threw it out. I have not attempted this again because the amount of problems it created for my child was devastating to say the least!!!!

    EX has done it AGAIN! This is beyond crazy at this point! EX needs more than a letter from IRS stating EX owes money to them-this makes no matter to him! Hence, most likely the reason he owes every year as well. I had read that the IRS can prohibit EX from EVER claiming child again should he habitually try to defraud IRS. I would say 10 years (5 wherein they were my years) would be considered habitual.

    VENTING POINT and icing on the cake (which just ticks me off but has no bearing on present question), EX (no exaggeration) makes $42/hr. MORE than I do. As well as, EX NEVER paid the approximate $25,000 of debt EX was ordered to pay in Decree (I ended up paying these debts).

    It is time for this all to STOP! My child is old enough now that my child deserves to know the truth, EX deserves more than JUST an amendment to Decree and local county slap on wrist. I have NO DESIRE to stop EX from seeing child!!!! Only for due process for EX's habitual breaking of law.

    Sorry for long post but wanted to try and divert all questions ahead of time. I have researched only to find what IRS can do--but they have never done.

    HOW DO I GET IRS TO BE MORE SERIOUS AGAINST EX????

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: How 2 Get IRS 2 Take Serious Action Toward Fraudulent Habitual Claiming of Depend

    You seem to have 2 issues confused. One is a court order issued by judge J of Podoke, Wherever and the other is the Internal Revenue Service. Absent a form 8332 issued by the custodial parent, Judge J's order has the full force and effect of peeing into the wind. If the judge made a sharing order, non custodial parents recourse is to file contempt charges against custodial parent, requesting reimbursement for refund amounts lost and requesting that Judge J also issue an order requiring custodial parent to issue IRS form 8332 on alternate years or face further contempt charges. Once non custodial parent has from 8332 safely clutched in their hands, they can attempt to file using junior. If custodial parent has ignored the fact at that point, non custodial parent files a paper return (old fashioned way) submitting copy of signed form 8332 and court order. Custodial parent gets a nasty gram from the IRS and is usually prohibited from utilizing their child deduction for a period of years.

  3. #3
    Join Date
    Feb 2014
    Posts
    3

    Default Re: How 2 Get IRS 2 Take Serious Action Toward Fraudulent Habitual Claiming of Depend

    Per IRS Publication 504, pages 8-10, our decree has as much standing and the Form 8332 is NOT required and only stated pages of Decree (from Judge J of Podoke, Wherever---freaking funny man!) must be submitted. Therefore what I have done previously has as much strength as sending in a signed Form 8332...Our decree was between 1985 and 2009. I am certain EX has received nasty gram a few times now...but obviously it has NOT stopped EX from e-filing with my child as a Dependant. EX has never NOT been able to take my child...that is what at this point needs to happen...hence, my original question. Got more info? I would love to know it!!

    - - - Updated - - -

    Oh and I have asked EX to sign a Form 8332 ANYWAY, in advance of coming years and EX refuses to.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: How 2 Get IRS 2 Take Serious Action Toward Fraudulent Habitual Claiming of Depend

    You mean these quotes?
    Special rule for divorced or separated parents (or parents who live apart).

    A child will be treated as the qualifying child of his or her noncustodial parent if all four
    of the following statements are true.

    1. The parents:

    a. Are divorced or legally separated under a decree of divorce or separate maintenance,
    b. Are separated under a written separation agreement, or
    c. Lived apart at all times during the last 6 months of the year, whether or not they are or were married.

    2. The child received over half of his or her support for the year from the parents.

    3. The child is in the custody of one or both parents for more than half of the year.

    4. Either of the following applies.
    a. The custodial parent signs a written declaration, discussed later, that he or she will not claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration to his or her return. (If the decree or agreement went
    into effect after 1984, see Divorce decree or sepa*ration agreement that went into effect after 1984 and before 2009, later.

    b.A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2013 states that the noncustodial parent can claim the child as a dependent, the decree or agreement was not changed after 1984 to say the
    noncustodial parent cannot claim the child as a dependent, and the noncustodial parent provides at least $600 for the child's support during 2013.
    How exactly does one e-file the below, assuming you have them?

    Divorce decree or separation agreement that went into effect after 1984 and before 2009.
    If the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent may be
    able to attach certain pages from the decree or agreement instead of Form 8332. To be able to do this, the decree or
    agreement must state all three of the following.
    1. The noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support.
    2. The custodial parent will not claim the child as a dependent for the year.
    3. The years for which the noncustodial parent, rather than the custodial parent, can claim the child as a dependent.
    The noncustodial parent must attach all of the following pages of the decree or agreement to his or her return.
    The cover page (write the other parent's social security number on this page).
    The pages that include all of the information identified in items (1) through (3) above.
    The signature page with the other parent's signature and the date of the agreement

    Quote Quoting Rebel D
    View Post
    Per IRS Publication 504, pages 8-10, our decree has as much standing and the Form 8332 is NOT required and only stated pages of Decree (from Judge J of Podoke, Wherever---freaking funny man!) must be submitted. Therefore what I have done previously has as much strength as sending in a signed Form 8332...Our decree was between 1985 and 2009. I am certain EX has received nasty gram a few times now...but obviously it has NOT stopped EX from e-filing with my child as a Dependant. EX has never NOT been able to take my child...that is what at this point needs to happen...hence, my original question. Got more info? I would love to know it!!

    - - - Updated - - -

    Oh and I have asked EX to sign a Form 8332 ANYWAY, in advance of coming years and EX refuses to.

  5. #5
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: How 2 Get IRS 2 Take Serious Action Toward Fraudulent Habitual Claiming of Depend

    You have no standing with the IRS to address the tax return of any other person except yourself. What your ex has done on their tax return is of no concern to you - it's none of your business. That is between him/her and the IRS. You cannot influence what the IRS does - i.e. you cannot "get IRS to be more serious."

    What you CAN do is file your own tax return and claim what you are entitled to. The IRS will issue you what ever refund you are entitled to. If two people have claimed a child on their returns, the IRS will send them both a letter. The letter will explain the rules for claiming a child. They will instruct the non-qualified person to amend their return and pay back any excess refund they have received. Then they wait. If nobody responds, then they ask for evidence in support of what was claimed on the tax return and then make a determination.

    Your divorce is pre-2009 so if it has an unconditional grant of the exemption then you can claim it as provided for in the divorce decree. You do not need form 8332 to be signed. If there is a condition such as "so long as X is current on child support payments then...", you would have to get the 8332 signed. Theoretically you could take the ex to court and allege contempt, but since you will have already gotten the refund due to you, you would not be able to show any harm from the contempt other than the inconvenience of having to file your tax return on paper. It would not make sense to do that unless the 8332 is required and they have refused to sign it. You can compel them to sign if that is the case by taking them back to court.

    Since you seem to have the necessary backup to support your claim, you ex will have to pay some money back to IRS. That should be incentive enough not to do this again.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: How 2 Get IRS 2 Take Serious Action Toward Fraudulent Habitual Claiming of Depend

    Everybody has the 10 year bit wrong.

    The IRS cannot prohibit someone from claiming a dependent. They can however prohibit someone from claiming EIC for a period of ten years if they have fraudulently claimed EIC. However, the CP claiming EIC for a child should not be an issue anyway, as the NCP is never allowed to claim EIC.

    Rebel D, I suspect that the IRS is already coming down quite hard on the other parent, since your return has never been challenged. In fact, that is probably WHY the other parent keeps doing it. They probably owe the IRS a ton of money and never see a penny of any refund because the IRS keeps them towards the debt.

  7. #7
    Join Date
    Feb 2014
    Posts
    3

    Default Re: How 2 Get IRS 2 Take Serious Action Toward Fraudulent Habitual Claiming of Depend

    Thank you. Now that the initial sting of EX doing this again, your post makes complete sense and I should have just sat and thought about it. As I mentioned in my original post I too believe EX continues to do this bc EX owes so much for having done this so many times. EX did state that EX could not take EIC this time....states bc EX's income is too high...possible yes, or the possibility that EX has been told by the IRS EX can not could also be the reason.

    - - - Updated - - -

    One other thing I wanted to mention was that I have read in this thread and in others people speak of the IRS sending both parties a letter should both parties claim a child on thier returns....THIS DOES NOT HAPPEN as a standard of rule ALL OF THE TIME....I have NEVER received ANY LETTER from the IRS and every other year we both file for the child. The understanding I presume that this does not happen in all cases is that I send my return in WITH PROOF AHEAD OF TIME. So maybe save yourself time and send in whatever is needed for your proof of your situation and it will speed up the process some.

    1. Sponsored Links
       

Similar Threads

  1. Calculation of Support: Child Support Calculation and Claiming a Dependent
    By Jeffac in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 07-01-2013, 03:38 PM
  2. Federal Taxes: Claiming a Child As a Dependent
    By lovingmama3 in forum Tax Law
    Replies: 12
    Last Post: 11-13-2011, 05:44 PM
  3. Replies: 14
    Last Post: 05-17-2011, 04:00 PM
  4. Replies: 5
    Last Post: 01-04-2008, 06:23 AM
  5. Claiming a dependent child
    By djfungus in forum Tax Law
    Replies: 4
    Last Post: 02-01-2006, 10:58 PM
 
 
Sponsored Links

Legal Help, Information and Resources