Taxes

[frustratedbr]

What is the name of your state?California
I just received a letter from the IRs stating that someone else claimed my child on taxes last year as well. My exhusband and I have joint legal custody but I have primary physical custody. I was under the assumption that he can't claim my child. Am I wrong? I have never signed or filed anything stating he can claim our child. There is nothing about taxes in our divorce orders. What can I do about this?

 

[Inquiry123]

First come, first served.

br:

When the IRS receives multiple dependancy claims for the same individual (child) it sends up a red flag. Your ex will have received a similar notice from the IRS although you both will have received credit for the deduction. For now. If both of you continue to claim the dependant...more red flags. Ultimately, an audit will result in your ex owing money, being penalized, and having his returns scrutinized for several years.

If you are the primary residential parent and have no clause in your decree regarding this issue, your ex doesn't have a leg to stand on.

However, if he submits his return electronically before you submit yours, your electronic return will not be accepted by the IRS and you will be forced to send in a paper return. So...beat him to the punch if you're going to file electronically. Good luck.