What is the name of your state (only U.S. law)? Illinois
I e-filed my tax return a few weeks ago. It came back the next day stating that the SSI for my child was already claimed. I know that her father, my ex, must have claimed her. She was born in February, and I attended school and did not work for 4 months after her birth, during which time her father supported our household. The child and I moved out of his home on September 1, 2008 and he has not paid a dime of child support since. There is a restraining order against him for both myself and our child, and during the court proceedings for the OP, I was granted temporary custody of the child until 2010. I know that he has already gotten his return, which was several thousand dollars, meaning that he claimed EIC. He has already used the money to move into a new apartment and purchase a car. I called the IRS, who told me that I had to send in my return through the mail, a process that can take 6-8 weeks. After that, the IRS told me that we will both be asked to prove our right to claim the child as a deduction, then they will make a decision as to who is entitled to the deduction.
My question is this -- given our situation, who will be entitled to the deduction?
also, if I get the deduction, he has to pay the IRS the difference between what he received and what he actually should have received without claiming our child. If he cannot pay that amount (and he will NOT be able to, given his lifestyle and lack of employment) what will happen to him? can he be charged with tax fraud or another crime? he did 7 years in prison for fraud and embezzlement, so I'm guessing that if he is convicted of another financial crime, he will probably have to go back.
I e-filed my tax return a few weeks ago. It came back the next day stating that the SSI for my child was already claimed. I know that her father, my ex, must have claimed her. She was born in February, and I attended school and did not work for 4 months after her birth, during which time her father supported our household. The child and I moved out of his home on September 1, 2008 and he has not paid a dime of child support since. There is a restraining order against him for both myself and our child, and during the court proceedings for the OP, I was granted temporary custody of the child until 2010. I know that he has already gotten his return, which was several thousand dollars, meaning that he claimed EIC. He has already used the money to move into a new apartment and purchase a car. I called the IRS, who told me that I had to send in my return through the mail, a process that can take 6-8 weeks. After that, the IRS told me that we will both be asked to prove our right to claim the child as a deduction, then they will make a decision as to who is entitled to the deduction.
My question is this -- given our situation, who will be entitled to the deduction?
also, if I get the deduction, he has to pay the IRS the difference between what he received and what he actually should have received without claiming our child. If he cannot pay that amount (and he will NOT be able to, given his lifestyle and lack of employment) what will happen to him? can he be charged with tax fraud or another crime? he did 7 years in prison for fraud and embezzlement, so I'm guessing that if he is convicted of another financial crime, he will probably have to go back.
