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-   -   My husband filed before and claimed the kids will I get to claim them too or will it (https://www.askmehelpdesk.com/showthread.php?t=183244)

  • Feb 12, 2008, 09:31 AM
    JESSICANPRTHSTATE
    Someone else claiming my kids
    Me and my husband are separated he claimed the kids first I was supposed to I wonder if the social numbers will go through when I file or if it will reject them

    I think my husbnd claimed my kids illegally

    I think my husband claimed my kids

    Becauce I filed on the computer first but it was rejected due to incorrect fin but the IRS said I would not be late even if I couldn't fix the error on my tax form until after the deadline becauce technicaly I already filed , so it shouldn't of let him file the kids I would think

    How will I know if someone filed my kids or not
  • Feb 12, 2008, 10:19 AM
    ScottGem
    I've merged all your posts together. Please do not start multiple threads with the same question.

    When you file a return you list the SSNs of your dependents. The IRS checks this against all other returns to see if the same SSNs are listed on someone else's form. If they find a match, they will reject the return and you will have to take your case to the IRS to prove you are entitled to list them.

    If you can prove it, then whoever else listed them may be charged with tax fraud.
  • Feb 12, 2008, 10:22 AM
    Sand Daddy
    ScottGem is correct unless there are already Court docs in place entitling him to that particular year.
  • Feb 12, 2008, 10:52 AM
    ebaines
    Since you are still married, I assume you are filing as married filing separately, correct? The IRS says that the person who the child lived with for the majority of the year claims him/her. If that's you, then I suggest you file your taxes by paper, and include a written statement that describes you are separated and you have custody. Better would be if you had a written separation agreement that spells this out.

    See Pub 501 for full details- note that it spells out the tie breaker rules for cases like this :

    Publication 501 (2007), Exemptions, Standard Deduction, and Filing Information

    If/when you get divorced, be sure your divorce decree incudes a statement as to who gets to claim tax deductions for the children.

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