Who do you contact, If your ex(boyfriend) is trying to claim both children on his taxes. And legally can’t?
My ex boyfriend (never married to him) is trying to claim both of our children on his taxes. I heard he legally cant because he made less then 12,000 dollars this year. Who do you contact in this case. PLEASE HELP need to file some kind of legal action….
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Is there a court order saying he can? Who has custody? Who supported them 51%? There are many unanswered questions here. If you think he should not be able too then file your tax return (dont expect it right away) and the IRS will straighten it out if you can prove he was not supposed too. They will send you a letter stating someone claimed the children and they will ask for proof that they lived with you over 6 months of the year. It is easy to prove if they did.
http://www.irs.gov
First of all the IRS states the individual who pays for 51% of the child’s expenses is eligible for claim them as dependents.
The making less than 12,000 a year has no bearing on if he can claim the children or not, it’s who pays the majority of their expenses.
There’s a calculator on the website to figure this out.
I should also mention legally it does not matter what the court says or how long they lived with you, it matters who pays 51% or more of the childs expenses, that is the legal test in determining who can claim them.
"whoever has custody of the kids gets the deduction" This is a general rule of thumb but doesn’t always apply. Having custody usually goes hand and hand with paying 51% or more of the childs expenses. If you can prove you paid more than 51% and don’t have custody, you can still claim them.
No one. It’s none of your business. If the IRS has a problem with it, they’ll contact him.
I heard that in joint custody this was in issue to work out amongst yourselfs. Also heard that the person that possess the kids the majority of the time should win out. Dont really matter, if he wrongfully claims them, you can sue him in court for your rightful part of it.
You can not file some criminal complaint against him, unless he does not have any custody of the kids, if he contributes to their upbringing he is entitled to SOME of the tax return.
Be advised, im only guessing. Whos got the kids, SHOULD file for the credits. a shame you two cant work that out, and file in the way that gets the bigger benefit and split it.
Contact a lawyer online. You don’t say where you are, I’m assuming you’re American but I could be wrong since Yahoo! Answers is global.
If this isn’t correct, then you can Google for a lawyer online in whatever country you’re in.
My understanding is that he can claim them if he provides 50% or more of the upkeep for them. So, his income doesn’t really matter in a sense.
Also from the IRS website, "The child also had to have lived in your home for more than half the year and not have contributed more than half of his or her own support during that year". So if the kids live with you, and he doesn’t provide half the support, then he is cheating on his taxes.
Reporting him is fairly easy. You just fill out a form and send it to the IRS.
If you suspect or know of an individual or company that is not complying with the tax laws, you may report this activity by completing Form 3949-A. You may fill out Form 3949-A online, print it and mail it to:
Internal Revenue Service
Fresno, CA 93888
If you do not wish to use Form 3949-A, you may send a letter to the address above. Please include the following information, if available:
Name and address of the person you are reporting
The taxpayer identification number (social security number for an individual or employer identification number for a business)
A brief description of the alleged violation, including how you became aware of or obtained the information
The years involved
The estimated dollar amount of any unreported income
Your name, address and daytime telephone number
Although you are not required to identify yourself, it is helpful to do so. Your identity can be kept confidential.
As far as the IRS is concerned, the parent with Physical Custody is entitled to claim the child regardless of any state court decrees and orders and regardless of indications to the contrary in a Property Settlement Agreement unless form 8332 is executed.
The Internal Revenue Service (IRS) has developed a very bright line, clear and concise rule regarding who is entitled to claim a child as an exemption for Federal Income Tax Purposes. Treasury decision 9408 states that the parent with physical custody may claim the children as dependants regardless of the terms and conditions of any Property Settlement Agreement, order or Final Judgment unless the noncustodial parent submits form 8332 signed by the custodial parent.
whoever has custody of the kids gets the deduction. if he claims them the irs will deny it.
No need to contact anyone. If you are claiming them, get your tax return filed first. If they are on record when he files, they will reject the return. If not, then when the IRS comes back and sends you both notices in a year, you can prove you are the custodial parent (they spent the most number of nights this year with you) and can claim the exemptions, and he cannot.