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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 16576
Experience:  Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
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The IRS asked me to send them copies of my divorce papers

Customer Question

The IRS asked me to send them copies of my divorce papers and a statement showing my x paid child support from 2011.My question is this we had 3 blind physically and mentally challenged boys at the time one was over 18 and one was almost 18 and the other was 8 , in the divorce I had no lawyer and didnt know my right's regarding tax exempt laws my x asked for tax exempt for the two younger ones all years i thought he couldnt file tax exempt and claim child support payments too espically since the boys have always lived with me and I paid for everything .Is this true plus I am their legal guardian as well.Can I get in trouble for claiming them all this time
Submitted: 1 year ago.
Category: Tax
Expert:  Megan C replied 1 year ago.

Thank you for your question. First off, relax --- even if you claimed them and weren't supposed to I can tell you don't understand tax law, etc and the IRS would simply make you pay the additional tax.

Technically, if you are the legal guardian of the children you get the exemption -- you would have to file a form with the IRS to allow him to claim the children. Him paying child support doesn't matter for the IRS

If your divorce decree says he gets to claim them, then you may have an issue where you will need to amend your taxes. The IRS doesn't enforce divorce agreements -- but your local court may not be too pleased if you ignored the order.

Child support is NOT taxable income to you, so if you claimed it as such you should amend your returns to take that income off.

So, no -- you won't get in trouble from the IRS but you may need to go ahead and ensure your taxes match what you agreed to in the divorce to avoid issue with the divorce courts.

Please let me know if you need anything additional - if not, please rate positive.

Customer: replied 1 year ago.
are you saying I will have to pay him back for the boys then the money i received
Customer: replied 1 year ago.
I gave up my career and couldnt work the boys entire life to care for them.He never paid any money for them once they turned 18 .And now all 3 boys are over 18 i have legal guardian over them can he still try to file tax exempt for them
Customer: replied 1 year ago.
I am on ahcccs and disabled and can not pay him that money back .He shouldnt be able to claim minor disabled children indefinable when they never lived with him and he paid child support only for one boy
Expert:  Megan C replied 1 year ago.

You're not going to have to pay him anything other than his tax savings for claiming the boys. You will not have to pay back the child support, and if you claimed the child support as income on your taxes then you will get a refund for the tax you paid on that and it will more than offset the deduction for the children.

Technically, he can't take the deduction unless you give him a form each year ---so if you show the IRS that you have custody of the children then they won't do anything. However, your ex could contact his attorney and take you back to divorce court for not following that agreement.

Also, divorce agreements will only follow children until they are 18 under most circumstances.

You should contact your local Legal Aid clinic and see if they will look over your divorce papers and advise you the correct way to go. It should not be a huge issue.

Please let me know if you need anything additional. If not, please rate positive.