My children's father filed both kids on his taxes without my permission, the return was referred to child support and given to one of his other children and none to mine, I didn't file last year because of this, but now since I wasn't paid I really want to file this year, but don't want to tie up my return due to his fraud to get my earned income credit back.

How do I remedy filing my 2007 return and my 2006 return without causing an audit for my 2007 return? Or should I just let it go and report him to the IRS separately and hope someone takes me seriously?

Thank you,

OKieSam

Your child custody agreement should show you as custody parent,

You send in an admended 2006 return and merely file claiming your legit children on both the admended and today's. You can always claim those children who are legally yours and you are actually given support to.

You let him worry about his fraud, and do your returns properly getting your proper deduction

I agree with Fr. Chuck.

Attach the pertinent page of the divorce agreement that gives you the custody and (hopefully) the tax exemption for the children.

The divorce decree is a legal document that the IRS WILL honor if it specifically addresses these issues.

Once they receive the 2006 return, they will issue the refund (to include the EIC), then contact your ex-husband about his improperly-filed tax return.

If you feel in a charitable mood, you can give him a heads-up that you are doing this to give him a chance to amend his return and pay the tax before the IRS comes after him. That may keep him from paying some god-awful underpayment penalties.

In case of separated or divorced parents, the IRS has guidelines as to decide parent can claim the child. So first you must be sure that you can claim the kids. Eligible parent can allow the other parent to claim the child by signing a statement.

If both the parents claim the child, both the parents will receive letters from the IRS. Then one will have to amend his or her tax return and pay interest and penalty of tax due.

Agreed!