My husband has a divorce decree stating very clearly that he has the right to claim his oldest son as long as his child support is current. Well I tried to file on-line at H&R Block yesterday, and it rejected my claim stating he was already claimed. Can someone help me please. The program said even if the son didn't live w/ us, as long as we supported him for more than 6 months that we had the right to claim him. But the ex-wife said the tax preparer told her she was the only one who could claim him.?

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Originally Posted by heatherg0005

My husband has a divorce decree stating very clearly that he has the right to claim his oldest son as long as his child support is current. Well I tried to file on-line at H&R Block yesterday, and it rejected my claim stating he was already claimed. Can someone help me please. The program said even if the son didn't live w/ us, as long as we supported him for more than 6 months that we had the right to claim him. But the ex-wife said the tax preparer told her she was the only one who could claim him. ???

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Call the IRS and might be good to take a copy of the court order and show it to them. If she has claimed him in error, the IRS can disallow her claim. Good luck...

The only person that can claim him is the person the court order says can.

She most likely failed to tell HR Block about the court order, just the part about the boy living with her full time.

You can file manual, but need to include a copy of the court order with a letter explaining that your ex was in violatoin by her claiming the child.

The IRS will then disallow the child on the ex and let you have the deduction. Then she will owe them a lot of money back.

Thank you very much, one more question, how do I contact the IRS,

They have an 800 number. You can look it up on your computer at AnyWho: Internet Directory Assistance; Yellow Pages, White Pages, Toll-Free Numbers, Maps and Directions or go to their web-site Internal Revenue Service. Hope this helps you.:)