Rhode Island tax question with qualifying dependent?

[jaybonejbne]

Ok so here is my question; i am allowed by the courts in my divorce decree to claim my son and my ex-wife gets to claim my daughter for tax purposes. Her husband went and claimed both of my kids and now i am sure that there will be an irs investigation, my question is will they get arrested for knowingly lying on there taxes and my second question is if they wont sign a form 8332 what can i do because this has been going on since we have been divorced? Also some information you might need is not only is it in the divorce decree after 1984, but i have my kiddos 4 out of 7 days a week

 

[davew128]

Ok so here is my question; i am allowed by the courts in my divorce decree to claim my son and my ex-wife gets to claim my daughter for tax purposes. Her husband went and claimed both of my kids and now i am sure that there will be an irs investigation

Based on the fact he claimed two dependents?

my question is will they get arrested for knowingly lying on there taxes

What was the lie?

if they wont sign a form 8332 what can i do because this has been going on since we have been divorced?

Below you state the kids live with you 4/7 days. YOU are the custodial parent, not them. In reality YOU should be signing an 8332 for the daughter. Did your attorney not explain that to you?

Also some information you might need is not only is it in the divorce decree after 1984, but i have my kiddos 4 out of 7 days a week

Actually that should have the first bit you posted not the last. It's the first and arguably only thing that matters.

 

[jaybonejbne]

Based on the fact he claimed two dependents?

based on the fact claiming a dependent thats not yours to claim so fraud i would say.

As for the 8332 no my lawyer didn't say i would need to fill one out.

so i guess i just go through all of this irs stuff now because my tax return was rejected once again, and my last question is how to stop this from happening in the future?

My ex and her husband play this game and file there taxes before i do just so that way they get the RAL what do i do legally because enough is enough?

 

[LdiJ]

Based on the fact he claimed two dependents?

based on the fact claiming a dependent thats not yours to claim so fraud i would say.

As for the 8332 no my lawyer didn't say i would need to fill one out.

so i guess i just go through all of this irs stuff now because my tax return was rejected once again, and my last question is how to stop this from happening in the future?

My ex and her husband play this game and file there taxes before i do just so that way they get the RAL what do i do legally because enough is enough?

You file a paper return claiming the child that you are allowed to claim. You can even file amended returns for past years (2005, 2006, and 2007, 2005 will expire on 4/15 of this year). The IRS will investigate, and they will have to pay back the excess refund that they received.

Once they get stuck having to pay back all of that money, they won't do it again.

 

[jaybonejbne]

ok thank you very much for your input i really appreciate it.