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Myself and the mother of my kids separated, she went behind…

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Myself and the mother...

Myself and the mother of my kids separated, she went behind my back and claimed both of our kids without my consent... is there anything I can do about that? She’s since spent all the money she got

Accountant's Assistant: The Accountant will know how to help. Is there anything else important you think the Accountant should know?

She just got married December 2nd and claimed her husband, which by the way is doing life in prison.

Submitted: 2 months ago.Category: Tax
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3/27/2018
Tax Professional: Chad EA, CFP ®, CERTIFIED FINANCIAL PLANNER TM, Professional replied 2 months ago
Chad EA, CFP ®
Chad EA, CFP ®, CERTIFIED FINANCIAL PLANNER TM, Professional
Category: Tax
Satisfied Customers: 2,510
Experience: Federally licensed IRS Enrolled Agent, Certified Financial Planner (R), MBA
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Hello!

My name is***** will assist you today.

Please give me one moment while I review your question and type my initial response

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Tax Professional: Chad EA, CFP ®, CERTIFIED FINANCIAL PLANNER TM, Professional replied 2 months ago

If you are the custodial parent you would have to file a paper return if you wish to claim your children as dependents since they were already claimed.

___

Generally, the IRS will process your return and send you your refund, in the normal mailing time.

___

In about a years time, you'll receive a letter from the IRS, stating that your child was claimed on another return.

It will state that if you made a mistake then you would need to file an amended return. If you didn't make a mistake to do nothing. The other party will get the same letter you did.

If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof that the child was your dependent.

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Tax Professional: Chad EA, CFP ®, CERTIFIED FINANCIAL PLANNER TM, Professional replied 2 months ago

Please let me know if you have any follow up questions/concerns.

When you have no further questions a positive rating of 5 stars is much appreciated.

Thank you!

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Tax Professional: Chad EA, CFP ®, CERTIFIED FINANCIAL PLANNER TM, Professional replied 2 months ago

For additional information I have placed below a link to IRS Publication 17 which covers in detail Children of divorced or separated parents (or parents who live apart).

https://www.irs.gov/publications/p17#en_US_2017_publink1000170897

"

In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true.

  1. The parents:

    1. Are divorced or legally separated under a decree of divorce or separate maintenance,

    2. Are separated under a written separation agreement, or

    3. Lived apart at all times during the last 6 months of the year, whether or not they are or were married.

  2. The child received over half of his or her support for the year from the parents.

  3. The child is in the custody of one or both parents for more than half of the year.

  4. Either of the following statements is true.

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Tax Professional: Chad EA, CFP ®, CERTIFIED FINANCIAL PLANNER TM, Professional replied 2 months ago

The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent.

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