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Stephanie B.
Stephanie B., Enrolled Agent
Category: Tax
Satisfied Customers: 555
Experience:  MTax, EA, QuickBooks Proadvisor. Over 10 years accounting and tax experience specializing in individual and small business.
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Hello i was in a common law marriage for 19 yrs and we had

Customer Question

Hello i was in a common law marriage for 19 yrs and we had 2 kids together.my husband always claimed us thru income tax....in 2008 i caught him having an affair..in which we parted ways...he now resides with the mistress but i recently found out he is still claiming my two boys..one of my boys is 21 n moved away but the other 16 yr is still with me...i feel he is using my son to get more mpney...wat can i fo to find out or how to stop this?...im hardly getting any of this money...and hardly making ends meet...financially please can u help me..thank you
Submitted: 2 years ago.
Category: Tax
Expert:  Stephanie B. replied 2 years ago.

Stephanie B. :

Thank you for using Just Answer.


 


There are two types of dependents, “qualifying child” and “qualifying relative”.


Here are the tests to determine if you qualify to claim either on your tax return.

In order to be a “qualifying child”, seven tests must be passed.


 


1) You cannot be a dependent of another taxpayer.


2) The child can not file a joint tax return with another taxpayer.


3) The child must be a US citizen, a US national or a resident of the US.


4) Relationship test- The child must be your son, daughter, stepchild, foster child, or a descendant of such.


5) Member of household test-The child must have lived in your home over half of the year.


6) Age test-The child must be under age 19 at the end of the year or under 24 and a full time student for at least any part of 5 calendar months during the year.


7) Support test- The child can not provide over half of his/her own support.


 


 


Here are the tests for a qualifying relative.


 


1) You cannot be a dependent of another taxpayer.


2) The potential dependent can not file a joint tax return with another taxpayer.


3) The potential dependent must be a US citizen, a US national or a resident of the US.


4) Relationship test-The potential dependent must be your child, a sibling, a parent, a step or in-law, or a descendent of any of these. Also, any person who lives in your home the entire year could be also be a “qualifying relative”.


5) Not a qualifying child test-The potential dependent can not be a “qualifying child” of any taxpayer.


6) Gross income test-The potential dependent can not have gross income of $3700 or more. Generally, gross income is all income that is not exempt from tax. If the person is receiving social security disability or SSI only, this is not considered taxable income so would not be included in the gross income test.


7) Support test- You would have to provide over half of the potential dependent’s support. Here is a worksheet to assist in determining where the person’s support comes from. http://www.irs.gov/app/vita/content/globalmedia/worksheet_for_determining_support_17.pdf


 


Now, just because your ex claimed the children does not mean he was entitled to claim the children. Generally, the IRS does not know if someone should claim them unless someone else tries to claim them as well. Then, the IRS knows there is an issue.

The custodial parent is the one who is entitled to claim the child, if all the other tests listed above are passed. The custodial parent is the parent the child resides with over half of the year. If you are the custodial parent, you would have to sign a Form 8332 to release the child’s exemption to your ex providing your divorce was after 2008. There are different rules for divorces prior to 2009 on the requirement of Form 8332. This only allows him to take the exemption, child tax credit, and education credits. The HOH filing status, Earned Income Credit, and dependent care credit still go to the custodial parent.


 


If you are the custodial parent in any of the open tax years, which is 2009-2011, I suggest reviewing your tax returns to determine if there are amendments you need to make.

If you file a tax return claiming the same deductions/credits that your ex did, the IRS will send you both notices. If you feel you are correct in taking the credits/deductions, you do nothing. If you both do nothing, the IRS will send the second notices to each of you requesting proof of the deductions/credits. One of the big issues the IRS will look at will be proof the child lived with you over half of the year.


 


Whoever is denied the credits/deductions will have to pay the IRS back, plus penalties and interest, for the refund received due to the credits/deductions taken.


 


If this answers your question, please click the accept button as this is the only way we get paid for the assistance we provide to you.

If you need more clarification, please let me know. If I am not available at the time, I will be.

I appreciate the opportunity to assist you and I look forward to your response.

Stephanie


 


 

Customer: Im sorry but i dont quite understand ur answer...you see i never filed..and i have full custody of my son
Customer: Ok how about if parent did not give the other absent parent permission to file the income tax claim n how how can i find out how much he recieved?
Stephanie B., Enrolled Agent
Category: Tax
Satisfied Customers: 555
Experience: MTax, EA, QuickBooks Proadvisor. Over 10 years accounting and tax experience specializing in individual and small business.
Stephanie B. and 2 other Tax Specialists are ready to help you
Expert:  Robin D. replied 2 years ago.

Hello,

Stephanie B. had fantastic advise for you. Since you did not file a return you can report him for filing with fraudulent dependents.

You may fill out Form 3949-A online, print it and mail it to:

Internal Revenue Service
Fresno, CA 93888

If you do not wish to use Form 3949-A, you may send a letter to the address above. Please include the following information, if available:

  • Name and address of the person you are reporting
  • The taxpayer identification number (social security number for an individual or employer identification number for a business)
  • A brief description of the alleged violation, including how you became aware of or obtained the information
  • The years involved
  • The estimated dollar amount of any unreported income
  • Your name, address and daytime telephone number

Although you are not required to identify yourself, it is helpful to do so. Your identity can be kept confidential.

Here is a link to the 3949-A Form
http://www.irs.gov/pub/irs-pdf/f3949a.pdf

 

Please, if you are only going to click ACCEPT for one of the answers you have received, click on Stephanie's response to you. She has invested more time in her assistance to you explaining the rules so you will have the information you need. I was only answering your followup because she is not online at this time.

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