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anelson274 · Jan 2, 2013, 11:03 AM

If I e-file my taxes and claim my son as a dependent how soon after will I know if my someone else has already claimed him? Will it be instantly after I submit them or will it take a couple of days to find out?

smoothy · Jan 2, 2013, 11:09 AM

Instantly or a day? Try more like weeks or months...

If this is an issue of concern.. the court who ordered custody should have ruled who gets to take the deduction.. which is usually the party that has the child support payments.

anelson274 · Jan 2, 2013, 11:12 AM

How could it take months when I would receive my income taxes back within 2 weeks? It doesn't take that long to get the money back so why wopuld it take that long for them to know if someone else claimed my child?

smoothy · Jan 2, 2013, 11:20 AM

Originally Posted by anelson274

how could it take months when i would recieve my income taxes back within 2 weeks? It doesnt take that long to get the money back so why wopuld it take that long for them to know if someone else claimed my child?

Because the other parent might not file electronicly... just because you put it down... and they accept it now... doesn't mean they can't or won't come back and demand the money back if the other parent has the legitimate right to the deduction.

The IRS can and has come after wrongly claimed decuctions years after they were claimed.

You really need to have the court that awarded custody of the child rule on who gets this deduction in writing you are able to justify the claim if it ever gets contested. You can't both claim the deduction legally.

anelson274 · Jan 2, 2013, 11:34 AM

MY ONLY QUESTION IS.. If she has claimed him how soon after I file will I be notified that my return is not accepted because she has claimed him? That's it that's all I know everything else but that. Thanks

anelson274 · Jan 2, 2013, 11:36 AM

Originally Posted by smoothy

Because the other parent might not file electronicly...just because you put it down...and they accept it now...doesn't mean they can't or won't come back and demand the money back if the other parent has the legitimate right to the deduction.

The IRS can and has come after wrongly claimed decuctions years after they were claimed.

You really need to have the court that awarded custody of the child rule on who gets this deduction in writing you are able to justify the claim if it ever gets contested. You can't both claim the deduction legally.

I understand that we can't both claim him but if she claimed him my refund will be returned and I will have to file by the mail. That's much I know. My only question is how long will it take for me to be notified that she claimed him.

smoothy · Jan 2, 2013, 11:48 AM

I already answered that... they might not notice it for a few years... then when they find it.. they can go back to the very first year it was done... and demand that money plus penalties and interest for every one of those years...

Like I said... just because you get away with it this year.. doesn't mean it was legitimate and they could not come back for that money down the road.

And the parent that can present the documentation THEY had the right to the deduction will get to keep it and they will go after the other parent for that money, fines and interest.

Two people claiming it is fraud... fraud has no statute of limitations with the IRS... protect yourself and get the court ruling.

Its not about who is first to make the claim... its about who the court determines gets to take it.

AtlantaTaxExpert · Jan 2, 2013, 01:45 PM

Everything Smoothy says is accurate.

That said, if you efile and someone has already claimed your child, you will find out the next day.