Noncustodial parent claimed my two children without my consent (form 8332) as stated in divorce decree. When my husband and I filed our return it got flagged because it indicated children had already been claimed. Noncustodial parent is $12,000 in arrears and hasn't paid child support on a regular basis in 5 years. What can I do to see this matter is handled? Will the IRS go after him?

Drag them to court... and don't hesitate.

I'd also contest the claim with the IRS and provide them a copy of the decree where you are given the deduction by the court.

You can drag the deadbeat spouse to court for the lack of child support, but contact the IRS about claiming the children. The IRS will decide based on the divorce decree who get ro claim the kids.

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Originally Posted by smoothy

Drag them to court.....and don't hesitate.

I'd also contest the claim with teh IRS and provide them a copy of the decree where you are given the deduction by the court.

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Thank you

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Originally Posted by AtlantaTaxExpert

You can drag the deadbeat spouse to court for the lack of child support, but contact the IRS about claiming the children. The IRS will decide based on the divorce decree who get ro claim the kids.

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Yes going to court every 2-3 months for not paying. He'll pay when ordered for that month and always has an excuse... He did go to jail one time but parents bailed him out after one night. We go again Monday but won't be able to address this tax issue because its not enforceable by FOC. I was told to contact county clerks office, which I will do. Meeting with the tax preparer tonight. Thanks for your input.

This has become a more frequent occurrence with electronic filing. What happens is the first parent to file blocks the other parent from filing electronically. You can still file manually claiming your children. The IRS will then investigate and take appropriate action.

Understand that it WILL take the IRS time to get everything resolved so be patient.

And just to add, in case it's not clear - YOU don't do anything except file your tax return and claim the child. If you haven't filed your paper return yet consider including a copy of the court decree that grants you custody.

Good advice, ebaines!