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A tax question???

Ok, so I got divorced and our divorce papers say that I claim my son. So me and my new husband are going to be filing married filing jointly, and claiming my son and our daughter together. Well out of the blue my ex-husband just tells me one day that he will be claiming our son, because me and my husband can't. He thinks he knows everything because his new woman is divorced also and she apparently is now a divorce expert! I told him he couldn't because I checked the IRS website and it says that a taxpayer can claim a step child, and that the child had to have spent more overnights with the person claiming. Which he was with us most of the time, 5-6 nights a week all year. What kind of steps should I take??


Asked by Anonymous at 11:43 AM on Jan. 6, 2010 in Money & Work

This question is closed.
Answers (7)
  • If he claims your son, then report him. The IRS will make him pay it back with interest. Your divorce papers state that you claim him and your husband CAN claim a stepchild. When you do your taxes, bring in your divorce papers to show proof that you are legally entititle to claim your son.

    Answer by tyfry7496 at 2:56 PM on Jan. 6, 2010

  • 1 child = 1 claim

    Your divorce papers are going to trump his "new wifey says so" since they are a legal document. He is committing tax fraud if he claims your son. He probably won't get caught.

    You get to claim your son no matter how you file: single, head of household, married, jointly, whatever.

    Answer by ecodani at 11:47 AM on Jan. 6, 2010

  • So if he does should I report him??

    Answer by Anonymous at 11:49 AM on Jan. 6, 2010

  • Who ever helives with most is supposed to cliam him BUT his father can if he does it first
    IF he gets to it first then you can always have it "challenged"so to speak and the IRS will look in to it.
    Just try to beat him to it.
    I was 21 and living in las vegas working and my grandmother felt like claiming me to get that tax break bush did so I couldnt file my own taxes because she did it first. .

    Answer by Mrs.Owen86 at 11:49 AM on Jan. 6, 2010

  • If your divorce papers say you get to claim your son, then that is what you should do. However, if your husband files first and also claims your son it could be a problem trying to get it straightened out. File as soon as you can and claim your son. GL!

    Answer by Anonymous at 2:33 PM on Jan. 6, 2010

  • Divorce papers get the final say. My advice to you, to avoid much frustration with the IRS, is to file ASAP -- First chance you get!! and hope you beat your ex. What will happen is whoever files first will get to claim the dependent initially. The second person will get a notice saying the SSN is already used and thus the dependent cannot be claimed. Then you have to start arguing with the IRS and providing papers, etc to prove you legally are entitled to the exemption. Good luck with it. And remind your ex that you have LEGAL BINDING documents.

    Answer by Anonymous at 5:36 PM on Jan. 6, 2010

  • OP here- Thanks everyone, I am going to try and rush on it...he also is a state employee so I reminded him that he will be commiting tax fraud lol So he said fine you claim him, but you won't get anything...good thing I did my homework.

    Answer by Anonymous at 6:04 PM on Jan. 6, 2010