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    sophiesluv's Avatar
    sophiesluv Posts: 1, Reputation: 1
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    #1

    Feb 28, 2009, 12:14 PM
    Divorce Decree vs. FORM 8332
    Anyone know how to determine who's filing a Tax return using your children, I assume it's my ex-wife but can't reach her. We had a divorce decree state we'd each claim on starting in 1999 when she had full custody but she fell down from grace in 2006 and I gained custody and claimed both due mainly because she hadn't supported them at all even took my court ordered support well after I had custody until I could get a Judge to remove it.
    Now I'm taking her to court to pay child support and next thing you know I go to E file and get rejected because someone's used my children's S#. Now I've got to paper file and wait for months to get what's mine. I had her sign a Form 8332 back in 98 for years to come but have not given her permission to use the other child. Help in Alabama.

    My Decrees States:
    That the Plaintiff shall be allowed to claim the minor child, MDR as a dependent for income tax purposes, and the Defendant she be allowed to claim the minor child, MJR as a dependent for income tax purposes, both beginning in 1998.

    I'm not sure this meets all three of the requirements in Form 8332, anyone out there know for sure if it does or doesn't
    Thanks, M
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Apr 23, 2009, 02:35 PM
    M:

    File the paper return and let the IRS decide. Given the facts, the IRS will decide in your favor and hit her with some nasty fines plus interest for claiming the children when she had no right to claim them. Justice will prevail!

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