What is the name of your state? NJ
I just recently divorced in July of 2006 after a 3 year separation. I have had residential custody since our separation. I have claimed both of our children on our taxes ever since. This year my ex-husband claimed the kids. Is he allowed to do that?
Unless your divorce decree has provision for him to claim the children, and you gave him a form 8332 (which you were obligated to do if your divorce decree has a provision for him to claim the children) then no, he technically is not allowed to do that. Only the custodial parent can claim the children unless the custodial parent voluntarily gives the non-custodial parent a signed form 8332.
Your solution to that is to file a paper return claiming your children. You will still get your refund, and eventually the IRS will investigate and your ex will have to pay back the portion of his refund that was due to the children. It will however take you 4-6 weeks to get your refund.
If you already filed your return, then you can file an amended return to add the children to your return. You will end up with the same results, however it will take anywhere from 4-12 weeks for you to receive the additional refund.
