ex letting somene else claim our child?

[Mr1212121]

What is the name of your state (only U.S. law)? District of Columbia

I am the NCP. No custody order, just court ordreed child support, which I am up to date on. I believe my ex has let someone else claim our child. She has so many financial set backs that IRS will intercept her refund. I know in the past she has let someone claim her other child. Our child is three and since she was born I have always claimed her. If she is not going to claim her, shouldnt I have the right? I first want to find out who claimed her so I can have proof. How do I find out, and what steps do I take next to resolve it.

 

[RRevak]

What is the name of your state (only U.S. law)? District of Columbia

I am the NCP. No custody order, just court ordreed child support, which I am up to date on. I believe my ex has let someone else claim our child. She has so many financial set backs that IRS will intercept her refund. I know in the past she has let someone claim her other child. Our child is three and since she was born I have always claimed her. If she is not going to claim her, shouldnt I have the right? I first want to find out who claimed her so I can have proof. How do I find out, and what steps do I take next to resolve it.

Do you have any proof that she has allowed someone else to claim the child? Or are you just assuming that this is what she's going to do?

 

[Mr1212121]

i am assuming this is what she did this year. If she actually claimed our child herself, then I will of course leave the matter alone, but I do think she asked a friend to claim the child.

 

[RRevak]

She cannot just "ask a friend" to claim the child as there are very specific means in which one can claim a child. By law only you or the childs mother (or some other legal relative, but that only applies if said relative was the one offering the majority of support for the child for a year or more) can claim the child, unless there are extenuating circumstances. Have you talked to her about who should be claiming the child this year?

 

[Mr1212121]

no, i know its bad on my part to assume she is doing this, but i have been the one claiming her every year and she has never had any issues with that. I was told about form 8332. Ive never used this form. I just claimed the child. My child is not taken care of by anyone other than me and my ex.

 

[davew128]

Well lets clear this up right now. You don't have any right to know how she's filed her return. As the non-custodial parent, you aren't entitled to claim the child without Form 8332 signed y your ex. Fair? No, but thats the way it is.

 

[LdiJ]

What is the name of your state (only U.S. law)? District of Columbia

I am the NCP. No custody order, just court ordreed child support, which I am up to date on. I believe my ex has let someone else claim our child. She has so many financial set backs that IRS will intercept her refund. I know in the past she has let someone claim her other child. Our child is three and since she was born I have always claimed her. If she is not going to claim her, shouldnt I have the right? I first want to find out who claimed her so I can have proof. How do I find out, and what steps do I take next to resolve it.

Just to clear up one issue that hasn't been addressed, there is absolutely no way, whatsoever, that you can find out who else might have claimed the child...unless mom tells you or that person tells you.

 

[Mr1212121]

Just to clear up one issue that hasn't been addressed, there is absolutely no way, whatsoever, that you can find out who else might have claimed the child...unless mom tells you or that person tells you.

I called the mother and she did say she let some else claim the child. I didnt ask who. I tried to be calm like its no big deal, but it is a big deal. I will try later to ask her who claime our daughter.

What can be done at this point? Clearly, whoever she let claim our daughter had no right to do so.

 

[davew128]

I called the mother and she did say she let some else claim the child. I didnt ask who. I tried to be calm like its no big deal, but it is a big deal. I will try later to ask her who claime our daughter.

What can be done at this point? Clearly, whoever she let claim our daughter had no right to do so.

Let me state this again since it doesn't seem to have gotten through the first time. You have no right and no say in the matter. Tax law doesn't allow you to claim the child nor do you have any legal right to find out who did. Let it go.

 

[Mr1212121]

Your point was made and taken. I guess I am asking how do I report fraud. But I called the IRS and they gave me the answer. While I know I cant find out how filed it, I can prompt the IRS to find out who did file. They told me to file and claim the child. Once they see the conflict, they will notify me and the other person who filed, and do an audit to see which one of us can legally claim the child. Clearly the other person cannot because me and the mother are the only ones that can legally claim her.

 

[davew128]

In the meantime you will have knowingly filed a false tax return and once it gets straightened out, you will owe interest on the tax benefit you initially got from claiming the dependent.

 

[LdiJ]

Your point was made and taken. I guess I am asking how do I report fraud. But I called the IRS and they gave me the answer. While I know I cant find out how filed it, I can prompt the IRS to find out who did file. They told me to file and claim the child. Once they see the conflict, they will notify me and the other person who filed, and do an audit to see which one of us can legally claim the child. Clearly the other person cannot because me and the mother are the only ones that can legally claim her.

You don't have form 8332 from the custodial mother, therefore you cannot claim the child. Whoever you spoke to at the IRS gave you incorrect advice, and unfortunately that's not particularly uncommon.

I would NOT do this if it were me, nor would I advise a client to do. What I would advise the client to do is to try to get a judge to force mom to sign form 8332.