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Is this tax fraud?

I just found out today that my tax return got kicked back because my sons bio dad claimed him. Last year in court two judges told him he would never be able to claim our son for the fact he doesn't have him 50 percent of the time and also he is behind on child support. Yet he still claimed him. I looked up online the only way he could claim him is if I signed a waiver turning my rights over to claim my child. What he did is that considered fraud and will he get in trouble for it?

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Asked by ashleypalomba at 9:47 PM on Apr. 18, 2011 in General Parenting

Level 6 (115 Credits)
Answers (11)
  • Yep.

    Answer by mom2aspclboy at 9:49 PM on Apr. 18, 2011

  • The parent who filed FIRST gets to claim the child, YOU however have to send certified copies to the IRS of the judges order stating your ex CAN NOT claim him and that only YOU can have the child deduction in order to clear this up. Call the IRS and explain this and see what instructions they give you. The IRS will decide if they will prosecute him for fraud.

    Answer by vbruno at 9:50 PM on Apr. 18, 2011

  • The CUSTODIAL PARENT is the one that can claim the child - what your ex did was FRAUD and you need to turn him in.

    Answer by twinsplus2more at 9:52 PM on Apr. 18, 2011

  • yup... my sons father did that a few years ago ( now I file as soon as possible so as not to give him the opportunity again) I called the IRS and they explained why I was denied and that if I felt he didnt deserve to claim him that I could have them investigate. if they found in my favor they would pay me and deal with him... I did not have them investigate though, as much as I would have loved to stick it to him I'm very close with his mother and she assured me that it would never happen again and that it only happened because the tax preparer only asked if he had a child not if he could claim him (stupid I know). So I'm happy to say he hasnt done it again but he really screwed me that year cause I had plans to go visit my father with that money and I found out I wasnt getting it the day before I was supposed to leave... You should call the IRS and have them get his a** :)

    Answer by Finkette at 9:54 PM on Apr. 18, 2011

  • I am I plan on calling IRS tomorrow and going to the court. Because bio dad asked last year what if he was to claim our son first and judge said it doesn't matter who claims him first. He said he could absolutely not claim him because he doesn't have him 50 percent of them time. And bio dad knew very well that he couldn't claim him.

    Comment by ashleypalomba (original poster) at 9:54 PM on Apr. 18, 2011

  • will the IRS put him in jail? because I read tax fraud you get a fine and imprisonment?

    Comment by ashleypalomba (original poster) at 9:55 PM on Apr. 18, 2011

  • My ex did this a few years ago, nothing has happened to him yet, I'm not even sure if the IRS has even contacted him yet. You can also file and claim your son and since you will be able to prove that you should claim him eventually your ex should have to pay the money back.

    Answer by skittles1108 at 10:00 PM on Apr. 18, 2011

  • I would fight that your return got docked because YOU are the one that has the right to...and yes, call and report him!

    Answer by Mom-2-3-Girlz at 10:02 PM on Apr. 18, 2011

  • I am also filing a motion in court, I was going to use the money for my sons school. But his bio dad stole the money when he only has him ten times a year.

    Comment by ashleypalomba (original poster) at 10:06 PM on Apr. 18, 2011

  • Yes, it is fraud and he is also in contempt of court

    Answer by JLS2388 at 10:37 PM on Apr. 18, 2011

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