Tax Question, what would you do?

[Raisingmaddy]

What is the name of your state? WA

This isn't a child support question, but I wasn't sure where else to post it so here goes...

My ex and I have Joint custody, but I have physical, we have three children. Our divorce decree states that every even numbered year my ex claims two children for tax purposes, and I claim one, odd numbered years I claim two and he claims one.

All three children have lived with me full time, when my ex filed his taxes he claimed the Earned income credit for the children he claimed. I did not know until this year that he is not entitled to claim that, but that it goes to the parent that the children live with. I just want to add that child support was JUST awarded and he did not pay ANY child support for the year he claimed the EIC.

I have spoken with my tax advisor and he says that I can amend my tax return to claim the EIC, the only thing I am worried about is if I do that, he will have to pay the IRS back the money he was not entitled to, needless to say, he will be irrate.

What would you do?

 

[LdiJ]

What is the name of your state? WA

This isn't a child support question, but I wasn't sure where else to post it so here goes...

My ex and I have Joint custody, but I have physical, we have three children. Our divorce decree states that every even numbered year my ex claims two children for tax purposes, and I claim one, odd numbered years I claim two and he claims one.

All three children have lived with me full time, when my ex filed his taxes he claimed the Earned income credit for the children he claimed. I did not know until this year that he is not entitled to claim that, but that it goes to the parent that the children live with. I just want to add that child support was JUST awarded and he did not pay ANY child support for the year he claimed the EIC.

I have spoken with my tax advisor and he says that I can amend my tax return to claim the EIC, the only thing I am worried about is if I do that, he will have to pay the IRS back the money he was not entitled to, needless to say, he will be irrate.

What would you do?

Yes, he is going to have to pay the IRS back. He committed tax fraud when he claimed EIC for children who did not primarily live with him. There is also a reasonable chance that he will get caught even if you do not properly claim the EIC you are entitled to claim.

So...amend your returns and claim the EIC. Let dad live with the consequences of his tax fraud.