[kdunnibc]

:mad:

Hello, I have 2 girls ages 7 and 15yrs old. But this is regarding my 7yr old dad father. I have both my girls living with me. My 7yr old dad and I have no court order custody case or any written agreements. After she was born 2001 my 7yr old her dad and I broke up so I allowed him visitation to see her every other week or on weekends.

I filed her on my 2008 taxes and later I received a letter from IRS stating that another individual claimed her (which was her father) and that we both have to send documents of proof to determine which parent had the child I never signed any form of 8332 exemption or anything for him he did it without my consent. I have my leases from where I use to live from 2005- 2008 from my rental manager for proof and her old school wouldn't send me her school records because her father went there and took my name as primary and switch his name to look as though he register her. What can I do now because he's lying saying that she lived with him during 2008 but she didn't. Me and my girls have relocated in Jan of 2009 to another state now because he harasses me. I have until 4/18/2009 to turn in documents that my 7yr lived with me durin 2008.

[AtlantaTaxExpert]

If there are no agreements or divorce decree in pay, the IRS almost always awards the personal exemption to the custodial parent, which is you.

Since he has effectively sabotaged the school record option, your best bet is to submit the child medical records, which should show you as the custodial parent.

Also, a signed affadavit from your landlord stating that you had custody of the 7-year-old would also go a long way in proving your case.

Good luck!

[kdunnibc]

In respnding to the tax expert comment: Me and my ex never was married we just in a 4yr relationship then we broke up we went sperate ways as I mentioned he started filing her when after she was born with out my permission at first I didn't know the rules and regulations if 2 parents file the same child he would file before I get my w2's in the mail he's a business owner so his 1099's comes on the 1/15th but this past year when I called the IRS they told me to file her and the results is they will determined who's allowed to receive the funds if the child have been living with parent for 6 months to yr.

I relocated to another state now so I contacted my old lanlord for a copies of my leases for my edvidence and I found out that when I contacted the healthcare clinic of where my 7yr went for medical my ex switched me out as the primary care giver to him so that he can use that his evidence to send to IRS against me.

The weird thing is that as I mentioned we don't have a custody case nor any legal documents so basically I am the custodial parent and she lives with me fully and through by law the state of Minnesota automatic give full custody rights to the mother until both parents go to court for custody.

kdunnibc

[AtlantaTaxExpert]

Then go to the state of Minnesota Family Services Department and get them to declare you the custodial parent.

Based on what you have stated, it is clear your ex is trying to commit tax fraud by claiming your child's exemption without providing the required support.