What is the name of your state (only U.S. law)? MN
I am wondering about a fight 2 divorced people are having in regards to who gets to claim their college age son. Their divorce decree states that they split it - one taking the deduction 1 year and the other the next. However, the child always lived with the father and he claimed him. Now, this is the last year that either one of them can claim him. The wife decided that she would use her option claim the deduction as she has the divorce decree to back her up. She couldn't because the husband had already filed his taxes and claimed the deduction.
I looked up some tax law info and found one thing that said even though the divorce decree said to split it - the custodial parent has the right to claim the child. The wife did not pay the ex husband child support and has not contributed to the support fo the child in the 8 years since the divorce.
Should the husband wait until he hears something from the IRS or should he file an ammended return. He is not entirely certain that the wife is going to attempt to claim the deduction.
I am wondering about a fight 2 divorced people are having in regards to who gets to claim their college age son. Their divorce decree states that they split it - one taking the deduction 1 year and the other the next. However, the child always lived with the father and he claimed him. Now, this is the last year that either one of them can claim him. The wife decided that she would use her option claim the deduction as she has the divorce decree to back her up. She couldn't because the husband had already filed his taxes and claimed the deduction.
I looked up some tax law info and found one thing that said even though the divorce decree said to split it - the custodial parent has the right to claim the child. The wife did not pay the ex husband child support and has not contributed to the support fo the child in the 8 years since the divorce.
Should the husband wait until he hears something from the IRS or should he file an ammended return. He is not entirely certain that the wife is going to attempt to claim the deduction.