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    cmr0217's Avatar
    cmr0217 Posts: 2, Reputation: 1
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    #1

    Mar 3, 2009, 04:10 AM
    Greeedy ex-wife
    Ok my husbands ex-wife signed a paper when they divorced that says that he can claim their son on taxes for future years. He pays support, tries to visit,(child is too busy he's 15)
    And calls him every day. This year she claimed him before we had a chance to do our taxes. We tried but taxes was rejected? Is there anything we can do? We lost about 3,000$ in credits and deductions? Please help?
    :confused:
    cmr0217's Avatar
    cmr0217 Posts: 2, Reputation: 1
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    #2

    Mar 3, 2009, 04:13 AM
    help?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 3, 2009, 05:17 AM

    You file an appeal, of course that "paper" has to be part of the child custody and/or child parenting plan and part of the court order, not some paper merely done between them out of court.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #4

    Mar 3, 2009, 07:13 AM

    If your husband has a court decree that grants him the right to claim the child even though he is not the custodial parent, then file the old-fashioned way - with a paper return - and claim the child. Include in your tax return a copy of the decree. The IRS will investigate why the same child is claimed by two different people, and should rule in his favor.

    If you don't have a court decree, you will need a form from the ex-wife stating that she is relinquishing her right to claim the child. See Pub 501, page 13 for details:

    http://www.irs.gov/pub/irs-pdf/p501.pdf

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