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Anonymous
Anonymous asked in Business & FinanceTaxesUnited States · 2 months ago

Illegally claiming child on taxes?

My ex claimed our son on his taxes. He signed a court document in 2017 stating I am to claim our son being that he is able to claim his wife’s 3 children. I will be mailing my taxes in along with our court document but what will happen?

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  • Eva
    Lv 7
    2 months ago

    IRS does not accept court documents as proof of who can claim. They look at which parent had the child for more than 183 nights out of the year. There are also a few other factors listed in Publication 501 under "children of divorced or separated parents". If your ex has custody, you're out of luck. Your ex could willingly give you the right to claim by filling out Form 8332 and mailing it to the IRS. He would also have to give you a copy of the form. You can take him back to family court for violating the agreement.

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  • 2 months ago

    That court document is worthless. Only the parent where the kids live can take them as deductions. The IRS will not care about that paper.

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    • Coffee Drinker
      Lv 7
      2 months agoReport

      So the court order may still have some value, its just that you have to go back to that local court to enforce the order if the person doesn't voluntarily comply, the IRS will not enforce it for you.

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  • 2 months ago

    The IRS doesn't care about your court document. IRS tax laws are FEDERAL law and your local family court can't just overrule them.

    What the IRS cares about is who actually qualifies to claim the child under their (The IRS's) Rules. 

    When they get your return they will send both you and him a letter asking you to provide proof that the child lived with you more than 50% of the year.

    If the child lived with you and you submit proof of that fact, then they will process your return, issue your refund, and send your Ex a bill demanding repayment of his excess refund plus penalties and interest. If he used the child to claim the Earned Income Tax Credit (EITC) then he could be banned from claiming that credit in future years even if he qualifies.

    The rest of the answer applies ONLY if the child lived with him:

    If the child lives with him and he provides proof to verify that, then the IRS will leave his return alone, let him keep his refund, and they'll remove the child from your return and issue whatever refund you're entitled to without the child (or send you a bill if you owe without the child). Remember the IRS doesn't care about "orders" from local courts - those courts don't have authority to go against federal tax law.

    IF the child lives with him, then the court order obligates him to give you form 8332 - which allows you to claim the child tax credit - and ONLY the child tax credit. He still gets to claim the child toward EITC, child care credits, or head of household status if applicable whereas you may not claim any of those benefits (just the Child tax credit).

    If he gives you this form then he will need to amend his taxes to remove the child tax credit. You would then be able to amend your taxes to claim it.

    If he refuses to give you the 8332 and refuses to amend, then you can petition the local court that issued that order and ask them to order him to sign the 8332 and file the amendment or he can be arrested for refusing to obey a court order. But its a matter for the local court and local law enforcement - the IRS will not get involved and will not update your taxes until you submit the required 8332 form.

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  • NA
    Lv 7
    2 months ago

    Where does your son live?

    If your son lives with your ex-, then you need a signed form 8332 or it's equivalent.  That means a document that clearly states you can claim the child, without conditions, the child's name, SSN and the ex's signature.

    If your child lives with you, you don't need a form, just file by mail.

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  • 2 months ago

    If you file FIRST, the IRS will reject his claim. If he files first, you have to file ON PAPER by mail, and attach a copy of the Qualified Domestic Relations Order that specifies that you get to claim the child. Once the IRS verifies the court document you submit qualifies, they will handle going after him.

    • Eva
      Lv 7
      2 months agoReport

      Back in the '90s, that was the rule. The IRS doesn't care about court docs anymore and doesn't accept them as proof.

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  • Judy
    Lv 7
    2 months ago

    Who does your son live with? The IRS will send you both a letter asking for more info and will then make the decision.

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    • NA
      Lv 7
      2 months agoReport

      If the child lives with her, she doesn't need any documents.

      If the child lives with him, she needs a signed 8332 or equivalent.

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  • Anonymous
    2 months ago

    The IRS will investigate and make a determination upon the evidence/documentation presented.

    ???

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  • 2 months ago

    His return will be adjusted and he will owe money back.

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  • Anonymous
    2 months ago

    My magic 🎱ball says....wait and see this is not the IRS website.

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  • Anonymous
    2 months ago

    The IRS will decide who gets to claim the child.  Include a copy of the court document why you have claimed her.

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