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  1. #1
    Join Date
    May 2006
    Posts
    3

    Default Right To Claim Exemption For A Child

    Hello,

    My wife and her ex-husband share joint custody of their son and have a parenting plan through the court system that states that they will alternate years on who claims him (his are the even years and hers are the odd years). In 2006 he claimed him and she signed the release of claim exemption and all was well. Fast forward to last night, after she finished filing for this tax season, she received a notice that her return was rejected because of a duplicate SSN being claimed. Sure enough, he has claimed him again this year. She called him to confirm and he said that yes he did and basically "oops I can't do anything about it" and hung up. So after calming her down and sending her to bed, I thought I'd come on here and see if anyone can let me know what could be done about this? Thanks!

  2. #2
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Right To Claim A Child Question

    It's an easy fix my man.
    Call the IRS help line ( available on the irs.gov website )
    Tell them what you said here.
    They will tell you to send a copy of the decree, stating who gets to claim what and when. Send your tax forms too with it.
    You get your money. Dad gets a bill from the IRS ( which he won't want to pay ), and as the interest and penalties accrue he will learn a valuable lesson
    And bring this incident up next time she goes to court :

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Right To Claim A Child Question

    Quote Quoting Dad2
    View Post
    It's an easy fix my man.
    Call the IRS help line ( available on the irs.gov website )
    Tell them what you said here.
    They will tell you to send a copy of the decree, stating who gets to claim what and when. Send your tax forms too with it.
    You get your money. Dad gets a bill from the IRS ( which he won't want to pay ), and as the interest and penalties accrue he will learn a valuable lesson
    And bring this incident up next time she goes to court :
    I don't disagree with this answer, but its actually easier than that.

    You simply file a paper return and claim the exemption for the child. You will get the refund and then later on down the road, you will both get a letter asking if you are sure that the child is your dependent. That is when you provide your "proof", and when dad will get billed for claiming the child illegally. Dad will learn a very expensive lesson.

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