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    needthe411's Avatar
    needthe411 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 30, 2013, 04:55 PM
    What if someone claimed my child
    I supported my children's father and in turn his other kids as well this year. He asked me to claim his son because he won't be filing and I agreed. He recently provided me the ssn with the ides of him getting the money. The same day we got into an altercation and my front teeth were broken. The next morning I received a text saying to carry them and take what's owed to me. Three days later after I filed my taxes he changed his mind and said not too. He called the IRS on me claiming I unlawfully claimed his son. My question is am I going to get audited or in trouble?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Jan 30, 2013, 05:22 PM
    YOU have a problem. When you claim a child that is not in your custody, you need WRITTEN permission from the custodial parent to claim that child.

    You do NOT have that written permission. Now, if you can show that you supported the child for the entire year, the IRS will probably believe you. If not, they will adjust the refund after removing the child from your return. There MAY be a fine, but no criminal prosecution, because it would be difficult to prove criminal intent.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #3

    Jan 30, 2013, 10:38 PM
    Only the custodial parent can claim the child. It does not count who is paying child support. The custodial parent is the parent with whom the child lived for the longer period based on the nights spent. The other parent is the non-custodial parent. Non-custodial parent can claim the child only if the custodial parent signs a release Form 8332 or there is a court order meeting the IRS requirement. If noncustodial parent claims the chid, the noncustodial parent gets exemption deduction and child tax credit, but not the head of household status and EITC. Even after signing Form 8332, the custodial parent is head of household and get EIC and any child care credit.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Jan 30, 2013, 11:01 PM
    It was NOT clear with whom the father's other child lived. The child MAY have lived in the OP's house.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Jan 31, 2013, 04:00 AM
    Yes, if someone reports that you claimed a child you were not entitled to, the IRS will check your return.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jan 31, 2013, 04:32 AM
    If you have proof that the child lived with you, in your home and you provided over 1/2 of the care of the child, there should not be a issue.

    Now the other issue, did you call the police and report the attack.

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