What is the name of your state (only U.S. law)? DE
Divorced parents have two minor children. Mother has rightfully been claiming both as dependents because they both lived with her. In 2009, both children started living with Father (one on Jan 9 and the other on June 19). As I understand it, Father is legally entitled to claim both children on his 2009 Fed 1040 as they meet all IRS dependent tests. However, Mother has made it known that she will continue to claim both children.
I talked with the IRS to ask them what Father could do. IRS told me that Father could do nothing to preempt a problem. Nothing will happen until the children are claimed for the second time. Then, both parties will get a letter asking them to prove that he or she is legally entitled to claim the children. IRS said it makes no difference who files first. Just because you file first doesn't mean you are more or less entitled to claim the children.
I asked the IRS if it would be helpful for Father to include his proof when he files. They told me it would not make any difference because nothing happens until their system "sees" that the dependent has been claimed twice and then both claiming parties get the same letter.
Any advice on what to do here? Is what I have told by the IRS accurate?
Divorced parents have two minor children. Mother has rightfully been claiming both as dependents because they both lived with her. In 2009, both children started living with Father (one on Jan 9 and the other on June 19). As I understand it, Father is legally entitled to claim both children on his 2009 Fed 1040 as they meet all IRS dependent tests. However, Mother has made it known that she will continue to claim both children.
I talked with the IRS to ask them what Father could do. IRS told me that Father could do nothing to preempt a problem. Nothing will happen until the children are claimed for the second time. Then, both parties will get a letter asking them to prove that he or she is legally entitled to claim the children. IRS said it makes no difference who files first. Just because you file first doesn't mean you are more or less entitled to claim the children.
I asked the IRS if it would be helpful for Father to include his proof when he files. They told me it would not make any difference because nothing happens until their system "sees" that the dependent has been claimed twice and then both claiming parties get the same letter.
Any advice on what to do here? Is what I have told by the IRS accurate?
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