F
fumingstepmom
Guest
What is the name of your state? IN
my husband is divorced from his first wife, with whom he as 3 children. the children have been under the legal guardianship of his parents for almost 5 years. this year, they are allowing him to claim one of the kids on our tax return because he has faithfully paid support for the last 2 years, is actively involved with the kids and they spend quite a bit of time at our house. their mother, on the other hand, moved 4 hrs away, only sees them 2 times a year if they are lucky, and does not pay support. we learned in december that someone, in addition to their grandparents, claimed all 3 of the kids on their 2001 tax return (most likely their mother), and this year our return was rejected because someone else had claimed one of the dependents we claimed (my stepson). the divorce decree, even tho after 1984, does not state any right of tax exemption for either parent. my inlaws gave us a signed, notarized statement of release of exemption (not the federal form) for my stepson and i have mailed that along with all of the divorce and guardianship documents i have and an explanation of the situation. if the irs still rejects our claim to the exemption, what recourse do we have? also, what are the consequences for their mother - she received the exemption credits for 3 kids plus eic for 2 years without being entitled to them and i'm sure she did not file an amended return for 2001. can she go to jail?
my husband is divorced from his first wife, with whom he as 3 children. the children have been under the legal guardianship of his parents for almost 5 years. this year, they are allowing him to claim one of the kids on our tax return because he has faithfully paid support for the last 2 years, is actively involved with the kids and they spend quite a bit of time at our house. their mother, on the other hand, moved 4 hrs away, only sees them 2 times a year if they are lucky, and does not pay support. we learned in december that someone, in addition to their grandparents, claimed all 3 of the kids on their 2001 tax return (most likely their mother), and this year our return was rejected because someone else had claimed one of the dependents we claimed (my stepson). the divorce decree, even tho after 1984, does not state any right of tax exemption for either parent. my inlaws gave us a signed, notarized statement of release of exemption (not the federal form) for my stepson and i have mailed that along with all of the divorce and guardianship documents i have and an explanation of the situation. if the irs still rejects our claim to the exemption, what recourse do we have? also, what are the consequences for their mother - she received the exemption credits for 3 kids plus eic for 2 years without being entitled to them and i'm sure she did not file an amended return for 2001. can she go to jail?