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    JISAAC's Avatar
    JISAAC Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 7, 2009, 11:32 AM
    What to do when a non custodian parent claim my child taxes
    Hi I recently went and file my taxes ,and I was gone claim my two kids ,and it happens that my ex file there taxes as his dependents,he has not seem them in about 7 years ,what can I do I caim them every year so I'm very confused!! :(:confused:
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Feb 8, 2009, 02:54 AM

    If some ono else has claimed the dependent, and you are sure that you are the one who is eligible to claim the dependent, then you must claim the dependent and file your tax return.

    If you are unable to efile, then send paper return. IRS will then contact both of you to figure out who can claim the child. One of you will have to amend the tax return and pay the tax due with interest and penalty.

    Only custodial parent can claim the child. It does not count who is paying child support. Also, non-custodial parent can claim the child only if the custodial parent signs a release Form 8863 or there is a court order. Read: Your U.S. Tax Return: Child of separated or divorced parents

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