claiming children you did not have custody of

[michelleallard]

What is the name of your state (only U.S. law)? texas
my ex husband claimed my children in his taxes when he did not have custody of them for 2009. i have just filed cause i had problems getting a w2 and it says that i cant use it twice what can i do and how do i go about it

 

[Isis1]

What is the name of your state (only U.S. law)? texas
my ex husband claimed my children in his taxes when he did not have custody of them for 2009. i have just filed cause i had problems getting a w2 and it says that i cant use it twice what can i do and how do i go about it

i take it you tried to file electronically?

if that is the case, you will have to file the old fashioned way. by snail mail. the IRS will audit the files, his and yours and determine who actually has the children living with them and who is eligeble for the claim per federal law.

you'll get your tax refund. just a tad bit later. and dad will get a nice inviting letter from the IRS to give them their money back.

 

[Banned_Princess]

What is the name of your state (only U.S. law)? texas
my ex husband claimed my children in his taxes when he did not have custody of them for 2009. i have just filed cause i had problems getting a w2 and it says that i cant use it twice what can i do and how do i go about it

Did he provide, at least 50% of their support?

Did he have them at least 50% of the time?


Does your court order allow him to claim them under certain conditions?


If he used them on his taxes, you cant EFILE. It will be bounced back, you will have to mail it in, and then allow GOV to decide come audit time.

Nothing else you can do at this point really.


Thanks for locking your duplicate thread!

 

[ecmst12]

If they lived with you more then half the year, then the only way dad could LEGALLY claim them would be if you gave him a form allowing him to do so. Regardless of how much child support he paid.

File your paper return and be prepared for dad to get very cranky in a few months.

 

[Banned_Princess]

If they lived with you more then half the year, then the only way dad could LEGALLY claim them would be if you gave him a form allowing him to do so. Regardless of how much child support he paid.

File your paper return and be prepared for dad to get very cranky in a few months.

I didnt mean how much child support, I meant provided 51% of their support, which isnt exactly right either.

Tie Breaker Rules
If more than one person can claim a child as a qualifying child, they choose who claims the child. If more than one person claims the child, IRS applies the following rules:

•If only one of the persons is the child's parent, only the parent can treat the child as a qualifying child.

•If two of the persons are parents of the child and they do not file a joint return together, only the parent with whom the child lived the longest during the year can treat the child as a qualifying child.

•If two of the persons are parents of the child and the child lived with each parent the same amount of time during the year, and the parents do not file a joint return together, only the parent with the highest adjusted gross income (AGI) can treat the child as a qualifying child

Tie Breaker Rules

 

[LdiJ]

I didnt mean how much child support, I meant provided 51% of their support, which isnt exactly right either.







abouteitc[/B]/basicqualifications/tiebreaker/]Tie Breaker Rules

See the bolded portion of the link you posted.

I am not saying that the tiebreaker rules don't apply when it comes to deterimining "qualifying child". However, "qualifying child" doesn't necessarily mean the same thing as someone claiming the child's exemption.

For example, a child might absolutely NOT be someone's qualifying child, but might still be someone's dependent.

A child can never be the qualifying child of an NCP, but can be the NCP's dependent if the CP releases the exemption to the NCP.