My ex claimed our son on his taxes. I mailed in my return claiming my son, what should I expect?
I had e-filed and it was rejected because my ex got to his taxes first. I called the IRS and was told to mail it in and they would send out notices and investigate when they processed my return with the same ssn. What can I expect? Has anyone been through this? We were never married. We lived with him for 3 months out of the entire last year. I supported our son on my own (I have copies of 2 checks he gave me for all of last year, totaling $350) he still saw him but it's been random. I do have a child support case opened on him but it's yet to see a courtroom. How will I prove support? Is it all on me to do so? I do know that his tax returns from years previous are questionable, if I have them take a look at those, will that be enough?
There is no court ordered custody in place. My son is only 1 so there are no school records and I ended up having to quit my job in order to take care of him. I did have a babysitter for quite some time to watch him while I was at work. She is a family member though. Would it suffice if I provided an affidavit from her?
- jwishzLv 71 decade agoFavorite Answer
Recent tax law changes have provided greater clarity in the rules regarding claiming a dependent child on your Federal tax return. The "Uniform Definition of a Child" became effective with the Working Families Tax Relief Act of 2004. This law cleared up some ambiguity regarding who has the right to claim a child and benefit from the dependency exemption, the child tax credit, the earned income credit (EIC), the child and dependent care credit, and the head of household (HOH) status.
The uniform definition of a child has four tests for claiming a child:
1. Dependent children must live with the taxpayer for more than 6 months of the tax year;
2. Dependent must be a qualifying relative (born or legally adopted child of taxpayer, legitimate foster child, brother, sister, stepbrother, or stepsister of the taxpayer or descendant of such a relative);
3. The child must be under age 19 at the end of the tax year if not a full-time student or under age 24 if a full-time student;
4. In addition, the dependent child must not provide more than 50% of his or her own support for the calendar year.
Simple, right? Not exactly. There are instances where two people might try and claim the same child and meet several of the above tests. In those instances; there are "tie-breakers" or rules to sort out the one who can claim the kids. If two folks claim the same child on separate tax returns, only one will get the dependency exemption. The parent will get that right if the other party claiming the child is not a parent. If no parent is involved, the taxpayer with the higher adjusted gross income (AGI) will claim the qualifying child. If the child is claimed by two parents on separate returns, the child will be given to the one with whom the child lived the longest during the tax year. If the child lived the same amount of time with both, the child goes to the parent with the highest AGI. A taxpayer may sign a Form 8332 and grant a non-custodial parent the right to claim a child.
There are other factors to consider in situations where another person might try and claim your dependents. The first person to file a tax return may be given the dependents and the EIC etc by IRS. f that happens, you may be unable to efile and claim the kids as the return will be rejected electronically. In this situation a paper return can be filed with the dependents claimed. Once IRS gets the return and processes it, they will notify you of the discrepancy. An opportunity will be given to "prove" who is the taxpayer that may claim the child. Should a paper return claiming a child be upheld, a refund will generate and the other person who got a bogus refund will face a tax assessment. The IRS is cracking down hard on EIC fraud. Do not try and "trade off" dependents as there are severe penalties for abuse of the EIC.Source(s): retired cpa
- Bostonian In MOLv 71 decade ago
The only things that you need to prove are:
1. Your son lived with you for the major part of the year. Statements from doctors or a copy of a lease listing him as an occupant will usually suffice.
2. You son did not provide more than half of his own support. Assuming that he doesn't have his own income that he uses for his support that's usually a "gimmie."
The basic rules for claiming your son under the Qualifying Child rule are that he live with you for over 6 months, be under age 19 (or age 24 if a full time student) and not provide more than half of his OWN support. When the parents are divorced or separated (or were never married) the parent with custody -- i.e. the one with whom the child live the greater portion of the year -- gets the exemption unless they voluntarily relinquish it in writing.
Therefore you would need to prove that your son lived with you for the greater portion of the year and that he didn't provide more than half of his OWN support. The support provided by the non-custodial parent is irrelevant to the exemption claim.
- Anonymous1 decade ago
They are probably already looking at past tax returns for the both of you. they will get the 2 with the same claim and as they said look into it. can you prove where you lived the other 9 months of the year? I would just start gathering "evidence" so when the ax does drop you have everything ready. Sounds like he is going to be the one up the creek.
- kwflamingoLv 61 decade ago
He cannot claim any child support he has paid you - child support is not tax deductible - alimoney or sepearte maintence for you is - you need to have proof that you were th custodial parent and there is something in writing that allows you to claim your son. Sometimes, courts will order one parent take the exemption one year and the other parent the next, usually in the case of joint custody - however, when one parent has full custody, that parent is the one to claim the child. This is one other reason why marriage is an important step in relationship that bring children into the picture.
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- 1 decade ago
You'll be audited. You will have to prove to the IRS that you took care of your son via notarized letters from people who can vouch, receipts for clothing, copays, rent, etc...really anything that will prove you were the caretaker. If the IRS decides you were entitled the credit for your child, your ex will have to pay back the money he got to the IRS and the refund will come to you (you wont have to wait for him to pay it back to get the refund - the IRS is his creditor). If not, then he will get to keep the refund he got and you will be back at square one. Sounds like you are okay though as long as you have some tangible proof of everything you provided. Its always a good idea to keep all your receipts for everything. Never know when you will need them for an exact situation like this one. Good Luck.
- 1 decade ago
Do you have any type of custody agreement from court? Something like who gets to claim the child would be stated in that. IRS will investigate and as long as you can prove that he was with you more than with his father, you should win.
- Anonymous1 decade ago
Because you were not married, the primary custody holder gets the exemption. Support does not matter and you do not have to claim child support as income. He as well does not get to claim it as a deduction. That Bas***d!
- 1 decade ago
You will be fine,, It happened to me. Just prove child lived with you and that you did over half of the supporting. They will look into it. It may hold up your refund.
- willy wom batLv 61 decade ago
WELL YOU SHOULD HAVE NO PROBLEMS WHATSOEVER. YOU HAVE CUSTODY OFF THE CHILD SO YOU ARE PERFECTLY LEGAL TO CLAIM TAX RELIEF. YOUR EX AS SOME EXPLAINING TO DO.
- 1 decade ago
You would need to prove that you took care of your son, like letters from the doctor's office, school or daycare. Just to let them know that you were the one taking care of him.Source(s): tax advisor