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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4798
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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I got divorced over 10 years ago. I have 2 kids with my ex

Customer Question

I got divorced over 10 years ago. I have 2 kids with my ex husband. According to the divorce decree, I have all rights to claim both children on my taxes for all tax purposes. Each year my ex rushes to get his taxes done before me and he claims our youngest son on his taxes. I NEVER gave him permission to do so and have reminded him of that MANY times. When I do, he gives me a sob story about making so much money and needing a deduction. I remind him that my salary is pathetic, I take care of ALL the kids expenses AND THE DIVORCE DECREE STATES I HAVE THE RIGHT TO CLAIM BOTH KIDS FOR ALL TAX PURPOSES! I do my own taxes using Turbo Tax. Each year I am unable to file electronically because he has already submitted our youngest sons SS# ***** HIS dependent. So I print my taxes out, include a copy of my divorce decree, highlighting that I have the right to claim both kids for all tax purposes, write a letter explaining the situation and file by mail. I was planning to do the same this year. I recently received a letter from the IRS about the SS# ***** used as a dependent on two returns. I'm sure he received a copy of the same letter. YET HE DID IT AGAIN THIS YEAR! Our kids used to go back and forth between houses but In the past 2 years, my youngest son has only been to his Dad's house a handful of times and has DEFINITELY NOT PAID A DIME for his expenses! I have all financial documentation showing how I pay for everything AND get NO child support! Is there anything else I should be doing to cover myself in this situation? Would having a tax professional do my returns each year help? Please note, I've NEVER waived my rights to claiming either child OR given my ex husband permission to claim either child. My guess is that we're both going to be audited some day, right?
Submitted: 11 months ago.
Category: Family Law
Expert:  Chris T., JD replied 11 months ago.

Hello. I'll be happy to assist you.

My suggestion is that you respond to the IRS and show them the divorce decree where you have the right to declare the children, not your husband. Also, I would suggest that you file a motion for contempt in the court that granted the divorce in order to bring it to the attention of the judge that your ex is not following the court's order. Having a professional do your taxes won't change much since he's claiming them when he should not be. A tax professional won't be able to do much about that.

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