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Thread: HELP! My daughter's father claimed her on taxes!

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    Veteran Member SavannahLynnn's Avatar
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    Angry HELP! My daughter's father claimed her on taxes!

    My daughter's dad lied when I asked him if he claimed her on his taxes and I don't think he's entitled to the refund.

    His visitation is about 2 days a week overnight. He pays around $10 a month in child support.

    I'm furious because this money could go to new clothes and toys for my daughter but instead it's going to go to drinking and partying for him!

    I've hear I can get this investigated by filing through mail but I'm not quite sure how to do this or where to pick up the forms. I've only filed taxes one other time and it was through a tax place. Can someone walk me through the steps I'd need to take for this?


    "We must try not to sink beneath out anguish, but battle on." - Albus Dumbledore


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    Default Re: HELP! My daughter's father claimed her on taxes!

    This happened to me with my childrens father before. I already had filed for my daughter and then he he took it upon himself to sneak and file for her as well. They sent me something asking if i could prove that she lives with me and some other stuff. Basically I could in the end, he couldnt and he ended up having to pay them back a shitload of money.

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    Default Re: HELP! My daughter's father claimed her on taxes!

    Do you do your own taxes? Do you have a custody order from the court? Exotic, what paperwork does the IRS want as proof? School report cards, receipts for child care?

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    Veteran Member SavannahLynnn's Avatar
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    Default Re: HELP! My daughter's father claimed her on taxes!

    I have a visitation order from mediation. We both have joint legal and physical custody but her primary residence is with me and altogether he only has her 96 days out of the year. I have her the other 269.


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    Default Re: HELP! My daughter's father claimed her on taxes!

    You can still file and claim her. You won't be able to do it electronically though because it will reject it. After you file, the IRS will sort out who is legally allowed to claim her. (they will send you both paperwork requesting proof of eligibility) Do you have any court orders which state you take turns claiming her? It doesn't really matter though, because under IRS rules, you have the right to claim her.

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    Default Re: HELP! My daughter's father claimed her on taxes!

    ^^^ generally speaking, the issue of which parent gets the dependent child tax exemption boils down to ...

    A. some statement in a divorce decree / separation agreement / custody order as filed with family court that clearly states one parent getting a permanent claim of the child as their dependent, parents getting alternating year claims, etc. or ...

    B. the 51% support test ( based on total dollars spent by each parent, not time spent with a particular parent )

    Also note that any IRS decision that the father is NOT entitled to claim the child as a dependent does NOT mean that you will directly receive additional money. For that to happen, you have to be in a position tax wise where you can file your own tax return, report your own income, claim the child as your dependent ( thus also making you potentially eligible for various tax credits ), and eventually receiving a check from the IRS ( which can be far in excess of any moneys you already paid to the IRS thanks to refundable 'tax credits' ).

    However, if the father wants to be a 'prick' about it, if you challenge his taking the child dependent tax exemption and related tax credits, this could potentially lead to a detailed IRS / family court investigation of your own work, earnings and financial records. If you work as an exotic dancer or camgirl or other 'adult' industry job, and / or if you have not reported all of your past earnings, this could potentially result in 'unintended consequences' that might be far worse than not receiving a few extra bucks from the father.

    For example, if you have not filed tax returns which explain where the money came from to allow you to pay rent, buy groceries, buy clothes etc. ... and with the father paying you only $10 per week in support money ... questions will be asked. If you or your child have been receiving social welfare benefits based on a non-existant 'officially reported' income, yet your bank statements show a significant cash flow, MORE questions will be asked. And if the family court becomes aware that a child is potentially being subjected to 'adult' activities taking place in the child's 'home', yet MORE questions will be asked.

    Obviously, I have no idea what the particulars of your situation might be ... either tax wise, or in terms of the father's 'prick' factor ( i.e. likelihood of him raising issues in family court ). Just sayin' !

    As Red Velvette already pointed out, if you want to go ahead, the first step is to fill out tax returns which ( also ) lists your child as a dependent ... something which can often be done online for free at places like Next step is to print out and file 'paper' tax returns via snail mail ( necessary because e-filing attempts will reject due to the duplicate dependent SS# ). Once these 'paper' tax returns are received by the IRS ( and by your state tax agency if your state levees it's own income tax ), the duplicate claims of dependent status for a child having the same name and SS# will immediately prompt IRS information inquiries to both tax return filers ( as was the case for ExoticBeauty4U above ). After receiving the inquiry notice, you'll then need to supply the requested additional information to the IRS.

    As part of any inquiry, besides scrutinizing both tax returns and asking both filers for particular additional information, it is also probable that the IRS ( and state tax agency ) will pull up credit reports for both tax return filers ... and in turn pull up additional details of financial activities shown on those credit reports ( i.e. bank account activity, loan payment activity, credit card activity, etc.). A state tax agency may also run a cross-check on both filers versus other available info in the state database ( criminal record, family court record, social welfare / Medicaid etc. ).

    Eventually, by one means or another, only one filer will be allowed to claim the child dependent tax exemption and related tax credits by the IRS ( with a state tax agency following the decision made by the IRS ). Given the $10 per week support payments, in the absence of some family court document to the contrary, there is an extremely high probability that the IRS will decide in your favor !!!

    However, depending on what sort of other info is turned up during the inquiry, the child dependent issue may not be the ONLY area of interest for the IRS ( and state ) once the duplicate child dependent claims have drawn their attention.
    Last edited by Melonie; 03-09-2014 at 09:27 AM.

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    Default Re: HELP! My daughter's father claimed her on taxes!

    Thank you for all of that useful information Melonie! At this point I hardly care if I get the money. I just want him to realize there are consequences in always intentionally doing things you know are wrong. I told him what could happen and he acted like it was some joke I made up.


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    Default Re: HELP! My daughter's father claimed her on taxes!

    If she spends 51% or more of the time with you, you're legally entitled. All you do is prove she lives with you, court order would do if you have one. Then, they will make him pay back.

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    Default Re: HELP! My daughter's father claimed her on taxes!

    ^^^ ummm, not wanting to argue, but the IRS 51% support test is based on total dollars spent by each parent not residence time. Thus having been granted 'primary physical custody' or having the child in residence 5 / 7ths of the time won't ... by themselves ... guarantee eligibility for the child dependent tax exemption. However, in this particular case involving $10 per week support payments by the father, the decision should be a 'no brainer'. If the father was required to pay $100 per week instead of $10 it might be a different story.

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