EIC fraud?

[heatherpoole]

What is the name of your state? Oregon

I just recieved a letter from the IRS today indicating my exhusband claimed 2 of our 4 children on his 2004 taxes for EIC. I am the custodial parent and according to our divorce decree I am the only parent that can claim the children unless I decide to grant him in writing a one time authorization to claim the children. I am remarried and my husband and I claimed the children on our taxes for 2004. My exhusband requested 2 of the children because he was having money problems, I told him no because he never sees or even talks to the children and even earlier in the year asked if my husband could adopt the children.

My exhusbad is active duty military and in order for him to claim the 2 children he had to either forge my name or copy a previous authorization from 2003, either way it is a falsification. I agreed to allow him to claim 2 children for 2003 because they stayed with him for 4 consecutive months and he was very persistant about it. I need to know what my rights are and if there is any penalty he may incure for falsifying information either by the IRS or the UCMJ.

Thank you.

[abezon]

There's a difference between claiming kids as dependents & claiming them for EIC. By claiming the kids for EIC, he told the gov't that the kids lived with him for over 6 months. You can simply write the IRS & say that the kids lived with you all year.

The IRS will make him pay back any EIC they gave him for 2004, plus interest. This will not affect your taxes at all.

[heatherpoole]

Thank you so much

[Snipes5]

And as an added bonus, if he doesn't pay the IRS in a timely fashion, they will attach his wages, which will cause his military career to take a sudden turn for the worse.

[LdiJ]

His previous financial problems are going to look like nothing, once he starts dealing with the cost of this one......sigh....

[heatherpoole]

OR.

One more question, since he had to either forge my signature or alter the 2003 authorization form to work for 2004, it seems that would be some type of criminal offence, is it?

[abezon]

Not one worth prosecuting, although the JAG may be interested...... How much trouble do you want to get this guy in anyway? If he gets discharged, he can't pay support.

[heatherpoole]

OR

Thank you for your time on this, I really don't want to see him discharged at all. It just seems serious to me, but, if you don't think so, then maybe I'm more concerned about it than I need to be. Again, thank you.

[LdiJ]

Originally Posted by heatherpoole

OR

Thank you for your time on this, I really don't want to see him discharged at all. It just seems serious to me, but, if you don't think so, then maybe I'm more concerned about it than I need to be. Again, thank you.

He probably didn't use the previous form or forge a new one. He probably just claimed them. In any case, he is going to take a huge financial hit on this one....close to 5k. So that is going to be significant punishment.