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Level 2
June 1, 2019
Solved

My ex has once again claimed one of our children. Both children live with me 80/20 and I also carry the insurance on them. Question is how can I stop him?

  • June 1, 2019
  • 7 replies
  • 15 views
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    Best answer by

    You can't stop him, but if he continues to do this, the IRS will hopefully take notice. You need to arm yourself with as much proof ans you can find to support the fact that they live with you. See the IRS links below.

    File your return as you normally would. You will have to mail in your return. You should get your refund, but they may ask you to submit these forms with the proof. They will have him pay back his refund.

    https://www.eitc.irs.gov/eitc/files/downloads/f886-h-dep.pdf

    https://www.eitc.irs.gov/eitc/files/downloads/f886-h-hoh.pdf

    7 replies

    Level 2
    June 1, 2019
    How do I get my money back?
    Alumni - Champ
    June 1, 2019
    If you feel strongly enough, you could go to Family Court and get a Cease and Desist order.
    Level 2
    June 1, 2019
    What will that do?
    Alumni - Champ
    June 1, 2019
    If he fails to comply, he could be fined and/or arrested.
    If you have a job, change your withholding  so that you do not have to wait for a refund at tax time.
    Level 2
    June 1, 2019
    I get that, but would it get my money or just stop him from filing in the future
    macuser_22
    Alumni - Champ
    Alumni - Champ
    June 1, 2019
    Nothing stops you from "getting your money" reguardless if he files or not.  It is just an inconvenience that you must paper file and answer future IRS letters.   He will eventually have to pay back any refund he received for falsely claiming the child, plus interest and penalties.     A BIG tax bill will probably stop it.  (He should amend not to prevent the interest and penalties).

    If a dependent that you are entitled to claim has already been claimed by another taxpayer, your e-filed return will reject since the child's SSN has already been used (either intentionally or in error such as a mistyped SSN).

    Your only recourse is to file a correct tax return, claiming what you are entitled to claim, then print and mail the return.

    The IRS will process both returns and pay any refunds.   Shortly (within a year) the IRS will mail letters to both taxpayers asking if their tax return was filed in error and suggesting that they amend if they improperly claimed the child.

    If neither taxpayer amends, the IRS will send a second letter asking for each taxpayers proof that they are entitled to claim the dependent, such as proof that the child physically lived with them more than half the year.   School records, child care records, household receipts, medical bills, etc., that show that the child lives with you should be retained.

    The IRS will evaluate each taxpayers claim and award the dependent to one taxpayer, the other will have to payback any refund received plus interest and possible penalties.   The parent that had physical custody usually always wins.

    Do not ignore the letters or you will loose.
    **Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
    Answer
    June 1, 2019

    You can't stop him, but if he continues to do this, the IRS will hopefully take notice. You need to arm yourself with as much proof ans you can find to support the fact that they live with you. See the IRS links below.

    File your return as you normally would. You will have to mail in your return. You should get your refund, but they may ask you to submit these forms with the proof. They will have him pay back his refund.

    https://www.eitc.irs.gov/eitc/files/downloads/f886-h-dep.pdf

    https://www.eitc.irs.gov/eitc/files/downloads/f886-h-hoh.pdf