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Fraudulantly Claiming Child on Taxes

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Ashlee1443

Guest
North Carolina

Please excuse the length...here's the deal:

I currently reside with my parents. I am a full-time college student and unemployed. I have a 2 year-old son, who lives with me in my parent's home, and I am the custodial parent, obviously. My son's dad pays $234/monthly in child support, plus $30 in arrears, as of November 2001, previously, the amount was $68/monthly. This amount totals all of bio dad's contributions toward my son.

My parent's claimed my child last year, and had all intentions of claiming him this year, as they do provide for him at this time. My parent's planned to file their taxes electronically, only to discover that this could not be done, because my son was already claimed by his dad.

1.) Other than the fact that they cannot file electronically because of this discrepency, exactly what problems should we expect to arise, being that my folks have chosen to still claim my son, although bio dad has already done so?

2.) Bio dad claims that his tax preparer informed him that he could claim 10% living expenses for the child support he pays. Is this true? (I've never heard of such...)

3.) We understand that we (my parent's generally) will need proof that they indeed provide over half of my son's support. What type of documents or proof would be legitimate?

Finally, we are all discouraged because I did tell bio dad that our son was already being claimed by my parents, because they do have the legal right over him to do so...this is only causing them extra trouble. He follwed through with his plans anyway.

4.) What type of trouble could he get into?

5.) Would he have to repay the money he recieved on my son's behalf, to the IRS? Is this the extent?

Thank you very much for your time and input. It is greatly appreciated. :confused:
 


L

loku

Guest
This is simpler than you make it seem. If your parents pay more than half the support, then they are entitled to the deduction. Since the father paid only $68 per month until November, then it should be easy to prove that your parents paid more than half the support. For the schedules the IRS uses to determine support, along with the rules, see IRS Publication 17, Your Federal Income Tax, which you can download at the IRS site at: http://www.irs.ustreas.gov/forms_pubs/index.html
 
C

curtisd

Guest
also it depends on who has physical custody of him the better part of the year-the IRS will have him pay back the money-and ask him how he only took 10% of the standard deduction?
 

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