Child tax claim without my permission

Discussion in 'Alimony & Spousal Support' started by apr4, Jan 27, 2009.

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  1. apr4

    apr4 Law Topic Starter New Member

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    I was just notified by my daughters father that he claimed her on his taxes. We were never married and I have claimed her for the last 11 years (she is about to be 12). I have full physical custody and we share legal. He pays child support on a regular basis. Can he claim her without my permission? He lives by himself, I am now married and we have three (3) children in our house hold (including the daughter from my ex) and we also pay child support for my husbands daughter who does not live with us. What can I do now that he has already done his taxes?
     
  2. Duranie

    Duranie Moderator

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    You can take him back to court or you can file with the IRS and there will be an audit. Have you tried to file already? If you both file a flag is going to appear and since you have the legal right to claim, Dad is probably going to get audited.
     
  3. apr4

    apr4 Law Topic Starter New Member

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    Actually, I have not filed yet. So I think I will file claiming her like I usually do, so the IRS will then proceed with an audit. Thank you so much!
     
  4. amygirl23

    amygirl23 New Member

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    If you both claimed her HE would be at fault because they live with you (full custody). He would be audited and penalized. You have the right to claim her. Talk to your accountant. Sounds like he's trying to take advantage of you and pull a fast one?
     
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