My son's father keeps claiming our son every year...

[DeltaButlers]

undefinedWhat is the name of your state?Alabama
My ex started paying child support about 3 years ago and I told him he can claim him every other year on income taxes and I claim him every other year.Well,last year was my year to claim him and when I filed rapid refund,It was denied because someone had already claimed him.I knew it was my ex that had claimed him.He just claimed him so it would be sent to the child support enforcement office to pay his child support arrears.I went on ahead and claimed him,mailed it in with a letter saying someone had illegally claimed my dependant,they sent my refund and I don't know if they made him pay it back or not but I do know his refund was sent to child support because it payed off his arrears owed.Well,he has claimed him again this year and so I had to mail mine in with a letter again this year as I did last year.My question is..How can he keep claiming our son every year and not having to pay it back because I am still claiming him also and I also get a refund.In January,I got a letter from the I.R.S. saying 2 people claimed the same dependant last year and if I was the one that had legal rights to that I need do nothing but if I didn't have legal rights to claim him,to fill out the enclosed form.I really can't remember exactly what it said but that was pretty much the basics of the letter.I just wonder if the I.R.S will keep letting him get away with this.I have full custody and my ex pays child support,so they should see that I have rights to claim him,but I guess that's why they still send me my refund though.I just don't understand how he can keep claiming him every single year and putting my refund on delay.Help...

 

[Snipes5]

He can claim him every year for the same reason that he can rob a bank... he feels like it.

Since the IRS is giving you your refund, you can rest assured that they will eventually get wise to him and want all that money back from him, with interest and penalties. The reason you always get the money from support enforcement is because he files first, and enforcement takes the money.

The IRS WILL go to him and get the money back at some point, which is when he will probably scream like a girl because he never actually got the money, it went to support enforcement.

Just keep filing every year on paper, and make sure you keep medical records, school records, etc, to prove that your child lived with you, in case they ever ask.

Snipes

 

[DeltaButlers]

Thanks...Will do! I appreciate your advice.