Non-custodial parent claiming child

[chipmunk226]

What is the name of your state (only U.S. law)? MD

I was never married to my son's father. I have primary physical and legal custody. Our custody or support orders do not make a determination of who gets to claim our son come tax time. I have always claimed him and never gave his father permission to claim. My son is with me more then 7 months out of the year.

For the tax years of 2003 and 2007, his father claimed him. I filed for an amendment and they were granted. His father again has claimed him this tax year. My husband and I owed taxes so it increased our tax bill.

What can we do to get him to stop? Does the IRS punish people that do this? Or is it my burden to just keep filing amendments?

 

[LdiJ]

What is the name of your state (only U.S. law)? MD

I was never married to my son's father. I have primary physical and legal custody. Our custody or support orders do not make a determination of who gets to claim our son come tax time. I have always claimed him and never gave his father permission to claim. My son is with me more then 7 months out of the year.

For the tax years of 2003 and 2007, his father claimed him. I filed for an amendment and they were granted. His father again has claimed him this tax year. My husband and I owed taxes so it increased our tax bill.

What can we do to get him to stop? Does the IRS punish people that do this? Or is it my burden to just keep filing amendments?

Stop filing amendments. Just file paper returns instead if you get rejected electronically. It will be faster than filing without the child and then filing for an amendment.

Yes, the IRS punishes him by requiring him to repay the excess refund plus interest and penalties. Its wierd that he keeps doing it after getting burned twice already.

 

[chipmunk226]

Stop filing amendments. Just file paper returns instead if you get rejected electronically. It will be faster than filing without the child and then filing for an amendment.

Yes, the IRS punishes him by requiring him to repay the excess refund plus interest and penalties. Its wierd that he keeps doing it after getting burned twice already.

So in short, I will have to just keep filing by paper or filing an amendment? Because the IRS won't / can't do much more?

 

[Deja]

The IRS just passed federal regulations stating a state court may not allocate the dependency exemptions and the only way the NCP could claim the child is if you released the claim by filling out form 8332. If both parents claim the child the IRS only cares who had physical custody of the child 51% of the year.

The previous advice you were given is correct. Try to file electronically claiming the child. If you can't, then file a paper return claiming the child. When both parents use the same ss number for a child, it is flagged. It might hold up your return because they have to sort it out, but he will be penalized and have to pay the IRS back any refund he received plus penalties. It's unfortunate, but my advice would be just to keep doing this until he gets the picture and realized he can't win without your release. You might even be able to talk to somone and see if something more can be done because he habitually and wrongfully claims the child. Maybe his return can be permanantally(?) flagged.

 

[chipmunk226]

The IRS just passed federal regulations stating a state court may not allocate the dependency exemptions and the only way the NCP could claim the child is if you released the claim by filling out form 8332. If both parents claim the child the IRS only cares who had physical custody of the child 51% of the year.

The previous advice you were given is correct. Try to file electronically claiming the child. If you can't, then file a paper return claiming the child. When both parents use the same ss number for a child, it is flagged. It might hold up your return because they have to sort it out, but he will be penalized and have to pay the IRS back any refund he received plus penalties. It's unfortunate, but my advice would be just to keep doing this until he gets the picture and realized he can't win without your release. You might even be able to talk to somone and see if something more can be done because he habitually and wrongfully claims the child. Maybe his return can be permanantally(?) flagged.

I am going to call my local office today as soon as the open to ask them if he can be permanently flagged. If we are getting a refund, we don't mind waiting. But it really hurt us this year because we owed.

 

[TinkerBelleLuvr]

Make sure you file the return WITH the child. The IRS will then figure out WHO is eligible to claim the child (who has the child more than 50%). If there is no court order requiring you to fill out an 8332 for dad, he will be asked to return the money.

And no - there is no permanent "flagging" option. A refund can be "flagged" to be intercepted - not who gets the dependent.

 

[LdiJ]

I am going to call my local office today as soon as the open to ask them if he can be permanently flagged. If we are getting a refund, we don't mind waiting. But it really hurt us this year because we owed.

It only hurt you because you didn't just go ahead and file a paper return. Again, there is no reason to file electronically and then amend. You simply file the paper return.

 

[Jstrange2]

Custodial and Noncustodial dependecy exemptions.

I have 14 month old twin boys. The father might get them once a week. That is what we have ordered by the courts. Now he is taking me back to court wanting to claim them on taxes this year. I have been doing research on what the requirements are for claiming the boys. I found a posting on this forum stating

"The IRS just passed federal regulations stating a state court may not allocate the dependency exemptions and the only way the NCP could claim the child is if you released the claim by filling out form 8332. If both parents claim the child the IRS only cares who had physical custody of the child 51% of the year."

Can anyone tell me where I can directly find this information so I can take it to court with me?

Also, I saw something saying that the IRS is now saying that custodial parents are the only one that can claim them. Is there any substance to that? If so, where can I find that info at?

I have been on the IRS web-site and it is not very user freindly. I also tried to call them and had an hour and fifteen minute wait!

Any advice or information would be helpful!