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claiming dependent

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T

Ty69

Guest
My divorce decree states that I get to claim my son for the tax year 1999
"provided he substantially complies with the child support order".
On Jan. 30 I called my ex wife to get our son's ss# and told her I needed her to sign form 8332 and that I was going to file that day on my home pc, she said ok and gave me the ss#. On Jan. 31 I called her and said I would be stopping by to get her to sign the form, she replies that she is not signing it because I owe her $800 in back support, $800 that the IRS is withholding from my refund. She said she is claiming him.
I filed my return on the 30th before she told me this, what can I do now? can I claim him?
 


L

Lianne

Guest
I'm not an expert on family law by any means, but it sounds as though that $800 may not be a "substantial" non-compliance to the child support order. Did you know you were past due on child support? If you've been paying all along, and didn't even know about this $800, you've probably still "substantially complied".

Even if both of you end up claiming your son on taxes, my guess is that they'll just send one or both of you a letter, telling you to file an amended return.

Maybe someone else will respond with more authoritative information. Or go to the IRS website at www.irs.ustreas.gov/where_file/index.html. This page will give you toll-free phone numbers to call for assistance. Look for the numbers for the Problem Resolution program and the Live Assistance line.

Good Luck!
Lianne
 

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