Check out some similar questions!

MJBurke · Jan 8, 2008, 05:25 PM

Is it considered tax fraid if the non-custodial parent, who has never had custody or visitation of the child, claims the child on his taxes, and the custodial parent already does?

twinkiedooter · Jan 8, 2008, 05:53 PM

Yes, and the one who claims the child fraudulently faces all kinds of swell problems up to and including a nice, all expenses vacation at the hotel grey bar. When you file your income tax and claim a child, you must provide the IRS with the child's social security number.

The wonderful folks down at the IRS have this big, mean machine that runs all the social security numbers and when they find two separate filings with the same child's social security number they are going to make BOTH parents prove just who has the legal right to claim the child. And the loser gets the free vacation.

AtlantaTaxExpert · Jan 8, 2008, 09:02 PM

TwinkieDooter:

Now let's not be so dramatic. I have yet to hear of a case of a non-custodial parent being JAILED for improperly claiming a child on his/her taxes.

Now, the back taxes, interest and penalties that the offender has to pay is nothing to sneeze at, but Jail Time? Not likely! The IRS has bigger fish to fry, and there is not enough prision space in this country if they jailed every parent who improperly claimed their children.

Financialaidguy · Jan 8, 2008, 09:08 PM

The answer, as in many cases of taxes and law is.. it depends.

It depends on if the other party alerts the IRS of the fraudulent act and for how much money was transacted. It also depends on proof. The burden of proof is always on the other party trying to press the issue.

In my experience, and I have seen this first hand, nothing will be done. The IRS has bigger fish to fry than chasing someone who cheats them out of a few thousand dollars.

But again.. it all depends. The moons could align just enough for the person to get nailed to the cross for their fraudulent act.

AtlantaTaxExpert · Jan 8, 2008, 09:19 PM

Actually, the IRS does a pretty good job of cross-checking tax returns for double claiming of children.

Once they find a case, they DO send notices to BOTH parents with instructions that they get together and determine who should claim the child.

If that is not feasible, they ask each parent to provide the required proof, then make their own decision.

MukatA · Jan 9, 2008, 02:06 AM

Both the parents will get letters from the IRS. One of them will have to amend the tax return and pay interest and penalty on the tax due.

Noncustodial parent can claim a child if the custodial parent signs a statement or there is a court order or settlement that allows noncustodial parent to claim the child.

MJBurke · Jan 9, 2008, 07:06 AM

What if the custodial parent didnt file, but the parent who did still doesnt qualify to?

AtlantaTaxExpert · Jan 9, 2008, 10:31 AM

Then it is likely the non-custodial parent will get away with the tax fraud, because the IRS has no reason to challenge claim for exemptions.

Financialaidguy · Jan 9, 2008, 10:18 PM

There is no guarantee that the IRS will force either parent to amend their return. I have seen mothers claim their children during the tax year the father was legally allowed to by the court judgement. The father had to mail his return in because of the issue, it took a long time to get a response from the IRS, and the mother was never investigated even after doing it a second time. She milked the IRS for a good 6 or 7 grand and nothing ever happened. The IRS had all the proof they needed when the father mailed in a copy of dissolution of marriage settlement signed by the judge.

No guarantee's

AtlantaTaxExpert · Jan 10, 2008, 11:00 AM

FinancialAidGuy:

Many divorce decrees make payment of child support a condition of claiming the child's exemption, and I suspect that the father was probably behind in his payments.

Further, the IRS really wants to see something in writing from the custodial parent giving the exemption to the non-custodial parent.

It is NOT required, though. I have successfully gotten children's exemptions for my client on BOTH sides of this argument.

But you are right that there are NO guarantees.

Finally, I suspect that you only saw the father's side of the argument and are going by what HE told you. I believe that the IRS probably DID investigate and just decided in HER favor.

fwhite372 · Jan 12, 2008, 01:31 PM

Someone filed my child illegally. What can I do to stop them and find who is did this?

AtlantaTaxExpert · Jan 12, 2008, 05:30 PM

File the child yourself, and attach a statement to the IRS explaining your side of the story, giving your qualifications to claim the child.

jts1963 · Mar 11, 2008, 08:32 AM

If a non-custodial parent who has paid no support claims the children first and had agreed verbally to the custodial parent that they wouldn't, how can I claim the children now?

ebaines · Mar 11, 2008, 11:17 AM

As stated in previous posts in this thread - file and claim the child. You will most likely have to file using a trusty old paper return rather than e-filing. You may want to attach a statement stating that you are the custodial parent.