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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37862
Experience:  Retired (mostly)
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My ex-husband agreed to let me claim our children on this years

Customer Question

My ex-husband agreed to let me claim our children on this years tax return. When he found out that he was going to have to pay more, he filed them also. Now, he is stating he never said I could file them. What can I do? Also, he does not pay enough in child support and does not comply with visitation. He only has the children one night a month. I am ok with this, but feel he should pay more in child support. He said he would help with whatever the children need but he never helps with anything. How do I get more child support? I do not have a lot of money for an attorney. Can I go to family court and represent myself? I need some advice on how and what to do. Thank you!!
Submitted: 7 years ago.
Category: Legal
Expert:  socrateaser replied 7 years ago.

Unless your dissolution judgment specifically awards your ex-husband the deduction, or you have signed IRS Form 8223 in favor of your ex, then the right to the child dependent exemption belongs to the parent with whom the child lives for more than 50% of the year.


If both parents file for the exemption, the IRS will send out an audit letter to both of you, and then you'll both get to prove your position. It appears that your ex should file a 1040X amended return, before the IRS makes the decision, because every day that passes will cost him more in penalties and interest, once things are straightened out.



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