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Marvin,EA, Enrolled Agent
Category: Tax
Satisfied Customers: 1672
Experience:  Enrolled to Represent Taxpayers Before The IRS
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Can someone claim a child on taxes without permission?

Customer Question

My ex claimed my children on his tax returns without my permission. I found out when I tried to claim them to receive a stimulus check. I had given him permission to claim them previous years when we lived together since I receive SSI and can't claim them. But this year I'm entitled to receive a stimulus check. I can file for a stimulus check through the IRS and he will be audited. Will they tell him that their reason for auditing him is because of me. Or will they just audit him without reason. I have a restraining order and he has been abusive in the past so I'm afraid this will push him over the edge if he gets in a lot of trouble. But, I'm a single mother who could use any extra money I can get.

Submitted: 9 years ago.
Category: Tax
Expert:  Marvin,EA replied 9 years ago.
Hello and thank you for using Just Answer. Did you signed Form 8332 for your ex-husband to claim the children?
Customer: replied 9 years ago.
No. We were never married and I never gave him written consent. Even when he claimed them the past 4 years. I have 3 children and 2 aren't even his.
Expert:  Marvin,EA replied 9 years ago.

You should refile your tax return by mail with proof that you can claim your children.

Sent with your tax return copy of school records and insurance card of your dependent.

The IRS will request the person who claimed your children to also show proof that they can claim the children on their taxes.

The IRS will not tell the person who first claimed the children who initiated the audit.

Customer: replied 9 years ago.

Will they tell him the reason for being audited? For instance, that someone else is trying to claim them. Or will he be under the impression that the IRS found out that he really has no legal right to claim them. I feel like he probably believes that he has the right to claim them since he lived with us for 6 months last year. He always stated that he did more financially for my children than their own dad. Also, what school records are acceptable? Do you mean report cards? I was going to include copies of their birth certificates, SS cards, etc. Will I have to go to court of submit proof against him with him knowing. I'm trying to be cautious as he rages very easily and I would prefer no money rather than enraging him.

Expert:  Marvin,EA replied 9 years ago.

If he lived with you for over 6 months in 2007 the IRS will give the person who made the most money the right to claim the children.

Customer: replied 9 years ago.

He lived with us for under 6 months, if you could even call it that since his legal residence was elsewhere. But he stayed with me 5 days out of 7. Only 3 of those months he worked and contributed to the household since we share a child together. He's out of work majority of the year due to slow business.

Expert:  Marvin,EA replied 9 years ago.

The IRS will tell him the someone has also claimed the dependents he has claimed and he must prove that he can claim the dependents on his tax return. The IRS will not tell him who the person is who made a claim on the dependents.