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2 Bumps

What can I do legally to get my ex dh to stop claiming the kids on his taxes every year!

The kids live with me, hardly ever see him, and he doesn't even pay child support, but he steals the kids on the taxes! GRRRRR
Can I turn him in ? Where to? No idea what category to put this in/ we need one for exes.

Answer Question
 
JackieGirl007

Asked by JackieGirl007 at 8:57 PM on Mar. 15, 2011 in Relationships

Level 35 (73,191 Credits)
Answers (13)
  • Report him to the IRS. Tell them that you will be claiming them. And that he improperly claimed them. They should investigate and take care of this.
    tootoobusy

    Answer by tootoobusy at 8:59 PM on Mar. 15, 2011

  • He is not allowed to claim them according to the guildines set by the IRS it specifically states that the parent the child lives with gets to claim them. The only way he would be allowed is if it's in your divorce settlement. Call the IRS on him and worst case scenario file Jan 1st next year
    kayslay

    Answer by kayslay at 9:01 PM on Mar. 15, 2011

  • I would think leagaly you need to go to court and have a judge give you the right to claim your kids not your husband. When my I grew up my parents we're divorced and my mom had the right to claim me in the sentence, not my dad. It will take some money to go to court but I think it would be worth it to have your kids on your return.

    csmsand

    Answer by csmsand at 9:01 PM on Mar. 15, 2011

  • Oh and the IRS has the ability to perform an audit for up to 3 years so he can possibly get busted for past years as well. You also have the right to go back and fix your returns for previous years.
    kayslay

    Answer by kayslay at 9:02 PM on Mar. 15, 2011

  • http://www.nolo.com/legal-encyclopedia/child-support-taxes-30263.html
    kayslay

    Answer by kayslay at 9:04 PM on Mar. 15, 2011

  • Get it stated in court. Also you can claim the kids as well and when the IRS looks into it you will be able to prove that you should be claiming your children and he will have to repay his refund. The same thing has happened to me!
    skittles1108

    Answer by skittles1108 at 9:05 PM on Mar. 15, 2011

  • I cannot file on Jan 1st, don't get forms untill end of Jan. He just beats me to it every year, I continue to claim them also and I'm sure he will have to pay it back eventually but it really messes with my finances, I dont' know who to call at the IRS.
    JackieGirl007

    Comment by JackieGirl007 (original poster) at 9:07 PM on Mar. 15, 2011

  • Contact the IRS fraud division.
    bcauseimthemom

    Answer by bcauseimthemom at 9:07 PM on Mar. 15, 2011

  • if he claims them and you do as well they will automatically look into it and see that your the primary parent and make him pay them back everything that he got from them and they would pay you. the mother always gets the tax credit for the children over the father. so he is in big trouble but hey you didn't make him do it. he did it so he did it to himself. you should amend yout past tax returns and claim your children. your in the right cause you can only claim a child that has lived with you for more then half the yr. so since he doesn't even see the kids he lied to the irs. huge no no! i don't think court is necessary. i would just do your taxes and see what the irs does first before getting attorneys involved. my husband tried this and the tax guy told me that it comes to me first as the primary parent which is what you are.
    melody77

    Answer by melody77 at 9:07 PM on Mar. 15, 2011

  • Get your taxes done professionally and the person filing for you will file the correct forms to get his forms corrected. He will have to pay the amount back. This happened to my sister and her dh. The exwife did the same to them and now owes the IRS $3000.
    SleepingBeautee

    Answer by SleepingBeautee at 9:09 PM on Mar. 15, 2011

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