Solved: Ex husband claimed child and owes child support what documents are acceptable to prove i can claim them?
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jnl3912
New Member

Ex husband claimed child and owes child support what documents are acceptable to prove i can claim them?

 
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Accepted Solutions
Hal_Al
Level 15

Ex husband claimed child and owes child support what documents are acceptable to prove i can claim them?

You do not need any documentation to claim your child on your tax return. You just file normally. Documentation comes later if there is a competing claim. The IRS will tell you what to send (see links below for a preview).

If someone else claimed your child inappropriately, and if they file first, your return will be rejected if e-filed. You would then need to file a return on paper, claiming the child as  appropriate. The IRS will process your return and send you your refund, in the normal time. Shortly (up to a year) thereafter, you'll receive a letter from the IRS, stating that your child was claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.

Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest.  The custodial parent (the one the child lives with most of the year) almost always wins. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree, without conditions. The fact that his right to claim the children is contingent on being current with child support, means the document is not relevant, regardless of the date.

https://www.thebalance.com/claiming-same-dependent-audit-risk-3193030 (

www.eitc.irs.gov/EITCCentral/f886-h-dep.pdf 

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12 Replies
SweetieJean
Level 15

Ex husband claimed child and owes child support what documents are acceptable to prove i can claim them?

Has the IRS asked for documentation?
jnl3912
New Member

Ex husband claimed child and owes child support what documents are acceptable to prove i can claim them?

yes ...there is a court order saying he cant claim if any support is owed....and he owes still
Hal_Al
Level 15

Ex husband claimed child and owes child support what documents are acceptable to prove i can claim them?

You do not need any documentation to claim your child on your tax return. You just file normally. Documentation comes later if there is a competing claim. The IRS will tell you what to send (see links below for a preview).

If someone else claimed your child inappropriately, and if they file first, your return will be rejected if e-filed. You would then need to file a return on paper, claiming the child as  appropriate. The IRS will process your return and send you your refund, in the normal time. Shortly (up to a year) thereafter, you'll receive a letter from the IRS, stating that your child was claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.

Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest.  The custodial parent (the one the child lives with most of the year) almost always wins. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree, without conditions. The fact that his right to claim the children is contingent on being current with child support, means the document is not relevant, regardless of the date.

https://www.thebalance.com/claiming-same-dependent-audit-risk-3193030 (

www.eitc.irs.gov/EITCCentral/f886-h-dep.pdf 

View solution in original post

Zbucklyo
Level 9

Ex husband claimed child and owes child support what documents are acceptable to prove i can claim them?

You need to prove that the child spent more nights with you than your husband in the tax year in question - this assumes that the child is a qualifying child dependent for you, and did not provide more than half or his/her support.

jnl3912
New Member

Ex husband claimed child and owes child support what documents are acceptable to prove i can claim them?

what do i send?
jnl3912
New Member

Ex husband claimed child and owes child support what documents are acceptable to prove i can claim them?

he hasnt seen them in over a year
Hal_Al
Level 15

Ex husband claimed child and owes child support what documents are acceptable to prove i can claim them?

Q. Has the IRS asked for documentation?

A. yes ...there is a court order saying he cant claim if any support is owed....and he owes still

You send what the IRS asked for.  The IRS doesn't care about the child support issue. All they want proof of is that the child lives with you.

For a generic discussion,  See
<a rel="nofollow" target="_blank" href="https://www.thebalance.com/claiming-same-dependent-audit-risk-3193030">https://www.thebalance.com/cl...>
<a rel="nofollow" target="_blank" href="http://www.eitc.irs.gov/EITCCentral/f886-h-dep.pdf">www.eitc.irs.gov/EITCCentral/f886-h-dep.pdf</a>
Hal_Al
Level 15

Ex husband claimed child and owes child support what documents are acceptable to prove i can claim them?

The IRS doesn't care about the child support issue. All they want proof of is that the child lives with you.
jnl3912
New Member

Ex husband claimed child and owes child support what documents are acceptable to prove i can claim them?

its court ordered and he hasnt even seen them in a year
jnl3912
New Member

Ex husband claimed child and owes child support what documents are acceptable to prove i can claim them?

how do i prove? lease? what else do i send?
Hal_Al
Level 15

Ex husband claimed child and owes child support what documents are acceptable to prove i can claim them?

Review the links. The biggest thing is the child's school registration that shows your home address as her home  address.  Include your lease.

The IRS doesn't care about the court document. They don't care about failure to pay child support. They don't care that he hasn't seen them. All the IRS cares about is that you have physical custody.
jnl3912
New Member

Ex husband claimed child and owes child support what documents are acceptable to prove i can claim them?

Ok thanks
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