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Ed Johnson
Ed Johnson, Tax Preparer
Category: Tax
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Experience:  GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee
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My ex-husband has illegally claimed our children for two years

Resolved Question:

My ex-husband has illegally claimed our children for two years in a row. Shouldn't I have already received some type of letter asking me why children are being claimed twice? I have current documents to prove my claim.
Submitted: 6 years ago.
Category: Tax
Expert:  Ed Johnson replied 6 years ago.

DearCustomer

 

Thank you for your question.

 

In fact you or he or both should have received a letter by now denying the claim and asking for evidence to support it. The IRS is no infallible and sometimes things like this can be missed.

 

Perhaps it is not showing up in a way to cause them to question it. Have you seen your husband's returns, to know for a fact he is claiming them as dependents?

 

He may be simply giving you a hard time, but is not really claiming them.

 

You can contact the IRS with a letter asking them to look into your husband erroneously claiming your children, and include the evidence that you are the one. This will set the matter to rest, because the IRS will then take a look at his returns and determine that this is the case. If he has, it will eventually be discovered, and it is better to deal with this sooner than later.

Customer: replied 6 years ago.

I have copies of both 2006 and 2007 ex-husbands tax returns

Shows that ex used our old divorce decree which no longer is valid

I will try to call IRS again, but if i get the same responce, are there any other ways to make IRS see?

Expert:  Ed Johnson replied 6 years ago.

DearCustomer

 

Did the IRS allow your claim? Did they allow your husband's claim?

What was the IRS response when you CALLED them.

Customer: replied 6 years ago.

he filed first and IRS allowed his claim

 

I filed my claim too late and was denied

Expert:  Ed Johnson replied 6 years ago.

DaerCustomer

 

Thank you.

 

Here is what you do. He is using the old divorce decree as you said, which is no longer valid.

 

You submit an ameded tax return, form1040X, along with a cover letter describing why you are entitled to the deduction and not your husband. Make sure you point out the decree he is using is superceded by a more recent court order.

 

Include the following.

 

1. Front and signature page from the original decree, with only the pages addressing taxes and custody. Makes sure you put a cover sheet on this clearly labeling it as "last names of both of you, divorce decree, OLD and superceded, dated XXXXXX.

 

2. Front and signature page of the new court documetns with only the pages addressing taxes and custody. If the new documents have wrods to the effect that the previous one is null and void, include those pages as well. Put a cover page identifying this in the same way as before with NEW and Eneforce.

 

3. Any othe documentation that shows you are the custodial parent:

  • school registration
  • church records
  • medical records

Make sure you include a statement that you have never signed any forms or statements allowing the non-custodial parent to claim the child.

 

Then mail it to the IRS. Talking to them on the phone will not get action. You have to do it in writing.

Ed Johnson, Tax Preparer
Category: Tax
Satisfied Customers: 10760
Experience: GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee
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