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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15192
Experience:  15years with H & R Block. Divisional leader, Instructor
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First, my 2 questions. 1-what CAN the IRS do to my ex?

Customer Question

First, my 2 questions. 1-what CAN the IRS do to my ex? 2-most likely, what WILL the IRS do to my ex? She may have (even knowingly) committed tax fraud—for the first time, I am sure. My child support went thru office of Recovery—Utah. I fell past due, so she was able to claim both our sons for 2 years. I finally caught up, received letter & balance sheet, from Recovery, dated Nov 27, 2014, showing $0 outstanding. I also have 3 emails, (from 9/2014-12/2014), between ex & myself, where I specifically tell her I am claiming 1 son, in accordance with the divorce decree. I even contacted Recovery & confirmed it. My ex said nothing. A few months ago, I received letter from IRS stating someone else claimed my son. I emailed her, demanding to know what??? She has only replied stating I owe her money. I have ran a CBR, I have checked with Recovery, I have asked her to explain. She is flaky & ignorant. Let's assume, for your answer, that I have received nothing from anyone to the contrary & I know that I owe her nothing now & I know I owed her nothing as of 12/31/2014. thx, jeff.
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Hello

If you and your ex both claimed the same dependent then the IRS looks at first who is the custodial parent. The parent the child lived with more in the tax year. They will require a form 8332 be signed by the custodial parent so the non-custodial parent can claim the dependent.

If the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent may be able to attach certain pages from the decree or agreement instead of Form 8332. If the divorce was after 2008 the IRS will only look at where the child lived.

If your decree was after 2008 the IRS will not do anything if your ex was the custodial parent.

Parents in your situation that need the form 8332 generally file contempt of court when the decree is not followed (such as the wrong parent claiming the dependent out of turn).

After you view my response, please post below if you need more information or if you need no further clarification a positive rating is appreciated.
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Expert:  Robin D. replied 1 year ago.

Please advise if you need more information about this situation.