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Tax return and Divorce

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Free_Spirit

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? IL

My husband has joint custody of his child with him being the custodial parent. As stated in his divorce, he claims his child on odd years and his ex on even. We received a letter from the IRS in 2004 stating that someone else also claimed my husbands' son on their taxes for 2003.

He confronted his ex who denied it and then changed her answer and said maybe she "accidentally" wrote his SS # down on her taxes. The IRS would not divulge who the second party was to my husband when he called them.

The letter we received 2 years ago was a warning about being auditted, penalties, fines, etc....if it occurred again.

If she does it again this year, does the divorce decree mean anything to the IRS? My husband mailed them a copy 2 years ago when we were first notified about this. Could we get in trouble if she does it again?



Thanks
 


abezon

Senior Member
He won't get in trouble if she claims the child. Since he is the CP, he doesn't have to file anything to claim the kid -- but the mother has to file a form 8332. Probably, some IRS agent assumed she had primary custody, since she's the mother & mom usually is the CP. If you're worried, make sure the kid's school & medical records show the kid lives with you, & keep a daily log (on a calendar) of when the kid is at mom's.
 

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