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????

