Author Topic: Mother is deliberately claiming child on my tax year  (Read 27378 times)

tris135a

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Mother is deliberately claiming child on my tax year
« on: June 11, 2014, 11:18:21 AM »
My court documents say I can claim my child for tax purposes every other year.  The mother, has claimed the child every year costing my $1000's of dollars.  The first time it happened I was confused what was going on.  The 2nd time she said she did it "accidentally" but I know that was BS. 

What is the best way to approach this? 
Can I do so without any attorney to avoid paying my attorney?
If I have to get my atty involved can I ask the court to make the mother pay for my attorney's fee's since this is a matter I shouldn't have to be taking to court? 

This is what I presume will happen.  It goes to court, the court amends it so I can make up for the claims I've lost.  This takes years and years to get the money back I should have gotten last year and years ago.  Even if the court would make her pay my attorney's fees, I have to pay my attorney up front but it will be long after that before I'd see any money from the mother, if at all. 

Guru

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Re: Mother is deliberately claiming child on my tax year
« Reply #1 on: June 11, 2014, 12:06:53 PM »
You have a court order that allows you to claim and use the child as dependent.  That's all you need.  Personally, I would just file my taxes as if she hadn't used the child on her taxes.  Let the IRS figure it out.  She will then have to file a 1040X and recalculate her taxes and pay the penalties.

Some orders require one parent to execute a form 9332 and submit to the other parent.  This really helps. http://www.irs.gov/uac/Form-8332,-Release-Revocation-of-Release-of-Claim-to-Exemption-for-Child-by-Custodial-Parent

tris135a

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Re: Mother is deliberately claiming child on my tax year
« Reply #2 on: June 11, 2014, 12:24:26 PM »
I was going to do just that, file my taxes with a copy of the court order, and let the IRS figure it out and go after the mother.  I haven't file my taxes yet for this year (extension) so in talking to my tax person I told her about my situation and this is what she said...

"If your child has been claimed by another person. The only way you can claim her, is if they amend their taxes.
Which might have to be court ordered. This would be a legal issue."


Guru

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Re: Mother is deliberately claiming child on my tax year
« Reply #3 on: June 11, 2014, 12:36:02 PM »
Maybe get a few other opinions on that.  Maybe just call the IRS and ask them.  They will probably tell you the same thing, but I still think I would go ahead and file anyway.  You are operating under order of the court.

KTM

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Re: Mother is deliberately claiming child on my tax year
« Reply #4 on: June 11, 2014, 04:36:01 PM »
File your taxes claiming the dependents and let the IRS sort it out. They will send letters to both parties requesting the appropriate documentation and audit both parties on the issue.