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easpin · Jan 19, 2007, 08:46 PM

Hi!

I think my ex is claiming our daughter on his taxes. I know he can not do this, so how do I handle it? My income is tax exempt, so I don't have to file taxes. Is there a number I can call to see if he is or what can I do? :confused: After not wanting to give me a penny for years he came up to me saying he was going to "give" me $500 when his taxes came in. Just out of the blue he offered this... and he, himself is over 4K in the hole financially. This doesn't make sense to me. Any ideas? She lives with me, I support her, care for her, etc etc and all I get from him is $205/mon CS & he can't even see her. Please someone help :( :confused:

Fr_Chuck · Jan 19, 2007, 09:01 PM

You can send a letter to the IRS, since you don't file it is hard to tell if they will look into it or not.

And what do you mean you are "tax exempt"

easpin · Jan 19, 2007, 09:03 PM

Originally Posted by Fr_Chuck

And what do you mean you are "tax exempt"

I can't file taxes on my income. I receive a monthly check from the government and am in the process of filing for disability and am no longer allowed to work.

AtlantaTaxExpert · Jan 19, 2007, 09:24 PM

You CAN dispute his claiming her dependency exemption, but what would be the point? Your income is tax exempt, so you cannot claim her. That being the case, why do you care if he claims her?

You cannot claim her dependency exemption, so why not let him get some benefit, especially if he is willing to share the benefits. The $500 he is giving you is about what he saves in taxes by claiming her exemption.

I suspect he's keeping the $1,000 Child Tax Credit, though.

easpin · Jan 19, 2007, 09:29 PM

This is the same guy who has done nothing for the child, wasn't paying CS until I took him to court. Just because "he felt like it" he left the state for 7 months w/o a phone call, and the list goes on. He has also set up a credit card under her name which I found out about and promptly put an end to. Basically, he is scum, and he uses her for his benefit, he doesn't care about her well being. I think he only offered me the cash to bride me as our final custody hearing is in a few weeks and I am not budging on anything. He is the type that pays people off in various ways to get his own way. It is complicated. To me it is a matter of honesty. I do not want my daughter to be a pawn in his little game anymore.

AtlantaTaxExpert · Jan 20, 2007, 07:10 AM

Okay, you have valid reasons to stop him from claiming her. Thanks for explaining.

I assume you have your child's SSN. Contact the IRS and give them her SSN. They can tell you if he is claiming her on his tax return. Once that fact is established, tell the IRS that you have custody of the child and you have NOT authorized him to claim her. You will probably have to do this in writing.

They will then act to amend his return and withdraw her exemption.

ScottGem · Jan 20, 2007, 07:36 AM

Just a point here. You can turn him into the IRS. But I suggest you think the consequences of that action through. At the very least, his return will be audited and he might be fined for falsifying a return. He could even be jailed. So where does that leave you? If he now has less income (or no income in jail) then how are you going to get child support?

I understand you don't want to do anything that benefits him, but you may be cutting off your nose to spite your face here. Since you can't claim her, let him and tell him that if he doesn't fork over some of the higher refund, you'll report it to the IRS.