Ask Experts Questions for FREE Help !
    OkieSam's Avatar
    OkieSam Posts: 1, Reputation: 1
    New Member

    Jan 2, 2008, 05:47 PM
    Non custodial parent fraudalently claimed kids 2006
    My children's father filed both kids on his taxes without my permission, the return was referred to child support and given to one of his other children and none to mine, I didn't file last year because of this, but now since I wasn't paid I really want to file this year, but don't want to tie up my return due to his fraud to get my earned income credit back.

    How do I remedy filing my 2007 return and my 2006 return without causing an audit for my 2007 return? Or should I just let it go and report him to the IRS separately and hope someone takes me seriously?

    Thank you,

    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692

    Jan 2, 2008, 06:25 PM
    Your child custody agreement should show you as custody parent,

    You send in an admended 2006 return and merely file claiming your legit children on both the admended and today's. You can always claim those children who are legally yours and you are actually given support to.

    You let him worry about his fraud, and do your returns properly getting your proper deduction
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,790, Reputation: 846
    Senior Tax Expert

    Jan 3, 2008, 09:11 AM
    I agree with Fr. Chuck.

    Attach the pertinent page of the divorce agreement that gives you the custody and (hopefully) the tax exemption for the children.

    The divorce decree is a legal document that the IRS WILL honor if it specifically addresses these issues.

    Once they receive the 2006 return, they will issue the refund (to include the EIC), then contact your ex-husband about his improperly-filed tax return.

    If you feel in a charitable mood, you can give him a heads-up that you are doing this to give him a chance to amend his return and pay the tax before the IRS comes after him. That may keep him from paying some god-awful underpayment penalties.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert

    Jan 4, 2008, 05:21 AM
    In case of separated or divorced parents, the IRS has guidelines as to decide parent can claim the child. So first you must be sure that you can claim the kids. Eligible parent can allow the other parent to claim the child by signing a statement.

    If both the parents claim the child, both the parents will receive letters from the IRS. Then one will have to amend his or her tax return and pay interest and penalty of tax due.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,790, Reputation: 846
    Senior Tax Expert

    Jan 4, 2008, 09:01 AM

Not your question? Ask your question View similar questions


Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.

Check out some similar questions!

Custodial parent move from Ca to Tx [ 1 Answers ]

My ex and I used to share custody of the kids and in April I gained sole legal and physical custody of the children. He has supervised visitation with the kids approximately once a week. I would like to move to Texas and was wondering what should I do to prepare to present this to the court. ...

Custodial parent [ 2 Answers ]

I have been divorced for 12 yrs and have a 17 yr old daughter. She has been in my custody for all her life. Her father has never properly supervised her on weekend visits and she has gotten herself involved with an acquaintance of his who is 35 yrs old. In addition due to a complete lack of...

Custodial parent [ 2 Answers ]

Custodial parent never married the father. via Maryland court papers, father is to see child every other weekend. The custodial parent moved 4 hrs away. Would custodial parent need to go back to court to re-do visitation or is the Maryland court agreement valid in virginia?

Custodial Parent Move Away [ 7 Answers ]

In the instance where there is a current DV restraining order against the NCP, together with limited visitation between the NCP and the child, the parties were never married, and the custodial parent already has both 100% legal and physical custody, does the custodial parent need permission from...

Custodial parent being deployed [ 9 Answers ]

-------------------------------------------------------------------------------- My ex-husband and I have been divorced since 2002. We have a 8 yr old son. Our son lives with his dad, who was just stationed out in California. Our son visits me in MI every summer, over major holidays and even lived...

View more questions Search