Fraud Filing on Dependent

[espnwidow]

What is the name of your state? Wisconsin
In June of this year I was awarded physical placement of my son and the ex has no financial obligations to me for the child (No CS). She has not worked at all this year. She called to tell me she was claiming the child on her returns. The original court order states I get the child for even numbered years. She will not sign the 8832 (think thats the right form). Based on the fact that I have primary physical placement, she has no financial obligation toward child and had no job can she claim child on taxes? I believe she is going to do it under her boyfriends tax returns. Can she do that? I will not be able to get my taxes in before her - is there a proactive approach I can take so that my returns are not tied up forever?
Thanks

 

[LdiJ]

What is the name of your state? Wisconsin
In June of this year I was awarded physical placement of my son and the ex has no financial obligations to me for the child (No CS). She has not worked at all this year. She called to tell me she was claiming the child on her returns. The original court order states I get the child for even numbered years. She will not sign the 8832 (think thats the right form). Based on the fact that I have primary physical placement, she has no financial obligation toward child and had no job can she claim child on taxes? I believe she is going to do it under her boyfriends tax returns. Can she do that? I will not be able to get my taxes in before her - is there a proactive approach I can take so that my returns are not tied up forever?
Thanks

You have had primary physical custody for more than 50% of the year, therefore you are the custodial parent in the IRS's eyes. Therefore you don't need a form 8332 to claim the child. However she WOULD need to receive a form 8332 from YOU in order to claim the child.

Her boyfriend cannot prove that he provided more than 50% of the child's support...so he cannot claim the child.

Unfortunately there is no proactive way that you can stop them from doing this, but you would prevail.

 

[abezon]

There's 1 way to throw a spanner in the works, but it will cost you time & money.

1. File your taxes as head of household & claim your son as a dependent.

2. 2 weeks later, after you get your refund, give her a form 8332 filled out under her name, not her bf's. If she files the return & claims the boy, the IRS will send you a bill. Figure out how much your refund would be without claiming the dependency & be sure to save any extra $$ you get so you have the money to pay the IRS back.

You might want to attach a copy of the custody order showing that you had custody for over 1/2 the year.

3. Go back to court & ask the judge to award you the custody exemption permanently, since she's not paying any support.