She Stole my exemption

[bigone41]

What is the name of your state (only U.S. law)? I live in nc me and my ex signed a seperation agreement stating i would carry my son for the next 3 years she filed him anyway and the irs rejected my return i filed a form 3449 a reporting it what will happen to her if anything ?

 

[Zigner]

What is the name of your state (only U.S. law)? I live in nc me and my ex signed a seperation agreement stating i would carry my son for the next 3 years she filed him anyway and the irs rejected my return i filed a form 3449 a reporting it what will happen to her if anything ?

Nothing will happen to her based on your report to the IRS. She properly claimed the exemption.

 

[Antigone*]

What is the name of your state (only U.S. law)? I live in nc me and my ex signed a seperation agreement stating i would carry my son for the next 3 years she filed him anyway and the irs rejected my return i filed a form 3449 a reporting it what will happen to her if anything ?

Who has custody of your son? Did she sign a form 8332 allowing you to claim the exemption?

 

[Zigner]

Who has custody of your son? Did she sign a form 8332 allowing you to claim the exemption?

Based on his other posts, I assumed (not ASSumed...assumed) that he's the NCP. Also, based on THIS post, OP did not receive the signed 8332.

 

[Antigone*]

Based on his other posts, I assumed (not ASSumed...assumed) that he's the NCP. Also, based on THIS post, OP did not receive the signed 8332.

Just pointing out it... Sometimes they need to see it in black and white in order to believe it.

 

[Zigner]

Just pointing out it... Sometimes they need to see it in black and white in order to believe it.

True - Very True

 

[randolph76]

The other posters are right. Based on IRS rules she would have the right to claim exemptions, etc. because she is the custodial parent (according to IRS and court order -- IRS defines this slightly differently based on actual physical custody of child). People tend to think because they have a court order that says that they can claim a child that they can w/o regards to IRS rules. No court order is going to be an excuse for filing your taxes wrong. If you are unsure how to file, seek out a tax professional.

If you are the custodial parent (by IRS standards) you can within the rules:
1) claim the exemption
2) claim the EIC
3) claim the Childcare credit
4) claim the Child Tax Credit (and Additional Child Tax Credit as applicable)

If you are not, then you can claim the following but only with a signed Form 8332 by the custodial parent:
1) claim the exemption
2) claim the Child Tax Credit (and Additional Child Tax Credit as applicable)

Now keep in mind this a simplified version of the requirements but if you're unsure how to properly claim credits and exemptions after a divorce, seek professional tax advice.

 

[davew128]

Because the OP has been waiting breathlessly for the last six weeks for you to post and confirm what was already stated....

 

[Bruno]

Call IRS. Their representative will verify the details and advise you what steps you should take.