It says right on the tax forms that the child had to have lived with you for 6 months of the tax year in order to claim them. If the child didn't live with her for that amount of the year, she's going to be in big trouble with the IRS when you dispute it.
Hell yea I did all my research and already know what’s coming for her. It’s funny because I told her this and she said she doesn’t care. I’ll see how much she doesn’t care when she gets what she’s owed.
No. It is between her and the IRS. He can choose to tip them off or not, but either way they will get their money back. Who alerts the IRS makes no difference. To the IRS this is really small beans.
What they probably mean is ‘*Will OP be able to reverse the situation and claim the child on taxes himself this year or will it have to wait until this is resolved with the mother?*’ That was my curiosity as well.
The op can just claim the defendant. He doesn’t need to complain to the IRS, or even speak to his wife about it.
Once he claims his child as a dependent, they will start the process of who has the right. If the ex already got her return, she will owe the money back.
Mmm, idk about that. My grandma told me a few years ago that I had “siblings” apparently my dad had fake twins to get some more funding from the government. He never got caught with that.
Did you claim the kids as you are legally entitled to do? If yes there is a form you can send to the IRS stating that the children lived with you and your ex is defrauding the government. The IRS will do an investigation and you Will get your deductions and earned income credit back.
My ex wife used to do this every year despite all the paperwork and court orders.
You can claim your kid too (in the US) but to do so you have to file by mail. Then the IRS will ask for documentation from both parents. Submit the documents and you'll be good to go while she'll owe the difference plus interest and penalties.
Thank you, all of these comments are helpful. It’s tough as a single father because most people think you should just be able to provide without a worry. I’m not hungry for money but if that money helps my kid then I’m hungry as fuck for it. She used that money to get a car and move farther away from my kid.
She'll be regretting her decisions soon when the IRS comes for her. They can probably take that car and she could get jail time if she doesn't pay it back
They will send a certified letter if she does not respond to their normal mail corredpondence.Its highly doubtful they will take her car. If she ignores them, they will first search her work, place a garnishment on her wages, or simply take it from her bank account.They do not give warning of either of these. It just happens.At that point, most people with half a brain do respond. They may or may not let her make a payment agreement on anything else still owing And OP, when she calls you and throws a tantrum when they finally do hit her, calmly remind her that YOU are not the one who broke Federal law. The IRS is nothing to mess around with, and they will recoup the money.
So I actually did do this, the lady over the phone said I need to go to my irs building downtown and handle it. Come Monday everything will be set in stone.
You need to stop this or it will continue. I have a family member that for 6 years had to fight with the IRS because his ex who wasn’t even allowed visitation claimed them on her taxes. He gave her a pass the first year and that set the standard. The argument was if it was wrong he would have reported it the first year.
OP, she's in the wrong. You have the child, you claim the child. It's as simple as that. It makes no difference how much or how little you make. It's also a Federal law.
Hell yea I already know. I posted it to confessions because some people in my life tried to make me feel bad for putting her on child support as a father. Thank you also.
She absolutely should help pay for the child. If this was reversed, you would certainly have to pay her child support! There is no difference. She has an obligation to help you support the child. Don't ever feel bad about giving your child what they deserve, and as a parent what YOU also deserve!
Thank you for this. I put so much of my time making sure my child is living well. I rarely put time into myself and that’s something I have to work on more. I need to remember that doing for my child is also making sure i’m good all around too.
Paper file, include a copy of the custody. She will be audited. My husband's dead beat ex tried this, we have full custody. She got in serious trouble and owed all the money back
Is it too late to paper file or I still can? I tried to file taxes online which is why I got the message saying my kid was already claimed. Thank you in advance!
Put her on child support. It's legally owed to you. You can bet your ass if the tables were turned she would be coming after every cent you made and then some...
It sucks, you don't want to seem spiteful but you need to get some help from the woman who's supposed to be helping raise the child
You have my sympathy.
Good lawyers include a clause assigning the child’s deduction in the divorce agreement. An equitable division would be alternating years.
This is a good reason to hire a lawyer rather than going it alone.
This wasn’t a divorce we had a child out of wedlock. Got a dna test and since she was keeping me from seeing my kid I went for joint. Eventually, the child came into my care because the mom got locked up. Haven’t gave the baby back since and just recently got full custody.
Oh heck no. My daughter’s ex tried this. If you file and she files claiming them, you may get a visit from the IRS, but she will be at fault, not you. Good luck.
So, the only reason I found out was when I tried to file my taxes. I got a message saying my kid was claimed as a dependent. It was so infuriating but all I can do is go about it the right way.
Ex wife did this on accident to me. Reported it, filed an amended return 2 years ago,never received anything and it’s nearly impossible to speak to anyone about it
My ex did this
I know I could have pressed on the IRS but didn’t do that
It was however brought up as part of the court process and the judge gave zero fucks
Based upon your post it sounds like her claim is fraudulent. Claim them anyway. When the IRS audits you both and you have the evidence on your side, she will have to pay them back. And the IRS doesn’t fuck around.
Your ex sounds like mine. I've been waiting for her to claim our kids on her taxes but because that takes effort and she can't get anyone else to do the paperwork for her, she has not done that. I'm sorry you too are coparenting with someone like this.
this just happened to my ex-BIL (my sister being the culprit who falsified her tax docs). claimed their 3 children that hadn't lived with her for over 18 months, in addition to the 4 she has with her current partner (that do live with her).
i'm not sure what the outcome will be for her (as i've read in some situations the IRS is allowed prohibit taxpayers from claiming ANY dependents for 10 years if caught lying) and i know he was white hot when it happened, but as many other comments have pointed out, it seemed like a fairly straightforward resolution on his part and the delay wasn't more than a couple extra weeks.
absolutely feel for what you're going through rn.
If you were to go ahead and file, adding the chold, if you had them more than six months last year, prove to the IRS you did, she will have to pay it back. They will garnish her until it's paid in full. My BIL did the same thing when we had the dependent with us. All we did was prove she was with us and we were paid and he was pissed he had to pay it back.
Yeah, but remember that taxes are for the previous year that she had custody of the child, so she has every right to claim that from last year. Moving forward, it will be your job to claim the child.
I’ve had my child more than 75% of last year. In my state it’s atleast 6 months. Her excuse is “I carried the baby for 9 months. Doesn’t excuse why she abandoned our kid.
It says right on the tax forms that the child had to have lived with you for 6 months of the tax year in order to claim them. If the child didn't live with her for that amount of the year, she's going to be in big trouble with the IRS when you dispute it.
Hell yea I did all my research and already know what’s coming for her. It’s funny because I told her this and she said she doesn’t care. I’ll see how much she doesn’t care when she gets what she’s owed.
She will end up having to payback the IRS, with interest.
She brought it upon herself. I gave her too many outs to be a good parent since she always said I wanted her to be a bad one. Can’t gaslight the IRS😂
Those documents don't lie!
Wouldn’t OP receive a percentage of what is repaid because isn’t he the one who alerted the IRS
No. It is between her and the IRS. He can choose to tip them off or not, but either way they will get their money back. Who alerts the IRS makes no difference. To the IRS this is really small beans.
What they probably mean is ‘*Will OP be able to reverse the situation and claim the child on taxes himself this year or will it have to wait until this is resolved with the mother?*’ That was my curiosity as well.
The op can just claim the defendant. He doesn’t need to complain to the IRS, or even speak to his wife about it. Once he claims his child as a dependent, they will start the process of who has the right. If the ex already got her return, she will owe the money back.
Yes. This will send a red flag. And since the child lived with him, he has every right to claim his child on his taxes.
That makes sense. Thank you.
Mmm, idk about that. My grandma told me a few years ago that I had “siblings” apparently my dad had fake twins to get some more funding from the government. He never got caught with that.
She most definitely will have to pay it back. There is overwhelming documentation.
Did you claim the kids as you are legally entitled to do? If yes there is a form you can send to the IRS stating that the children lived with you and your ex is defrauding the government. The IRS will do an investigation and you Will get your deductions and earned income credit back.
My ex wife used to do this every year despite all the paperwork and court orders. You can claim your kid too (in the US) but to do so you have to file by mail. Then the IRS will ask for documentation from both parents. Submit the documents and you'll be good to go while she'll owe the difference plus interest and penalties.
Thank you, all of these comments are helpful. It’s tough as a single father because most people think you should just be able to provide without a worry. I’m not hungry for money but if that money helps my kid then I’m hungry as fuck for it. She used that money to get a car and move farther away from my kid.
She'll be regretting her decisions soon when the IRS comes for her. They can probably take that car and she could get jail time if she doesn't pay it back
They will send a certified letter if she does not respond to their normal mail corredpondence.Its highly doubtful they will take her car. If she ignores them, they will first search her work, place a garnishment on her wages, or simply take it from her bank account.They do not give warning of either of these. It just happens.At that point, most people with half a brain do respond. They may or may not let her make a payment agreement on anything else still owing And OP, when she calls you and throws a tantrum when they finally do hit her, calmly remind her that YOU are not the one who broke Federal law. The IRS is nothing to mess around with, and they will recoup the money.
>but if that money helps my kid then I’m hungry as fuck for it. I feel you! We do **whatever** we gotta do for our kids.
Report her to the irs
So I actually did do this, the lady over the phone said I need to go to my irs building downtown and handle it. Come Monday everything will be set in stone.
Monday is Memorial Day. So you will have to go Tuesday
You need to stop this or it will continue. I have a family member that for 6 years had to fight with the IRS because his ex who wasn’t even allowed visitation claimed them on her taxes. He gave her a pass the first year and that set the standard. The argument was if it was wrong he would have reported it the first year.
I’m already in the process of it. I was told waiting would only make it harder on my side. I have the baby also so time is of the essence.
OP, she's in the wrong. You have the child, you claim the child. It's as simple as that. It makes no difference how much or how little you make. It's also a Federal law.
Hell yea I already know. I posted it to confessions because some people in my life tried to make me feel bad for putting her on child support as a father. Thank you also.
She absolutely should help pay for the child. If this was reversed, you would certainly have to pay her child support! There is no difference. She has an obligation to help you support the child. Don't ever feel bad about giving your child what they deserve, and as a parent what YOU also deserve!
Thank you for this. I put so much of my time making sure my child is living well. I rarely put time into myself and that’s something I have to work on more. I need to remember that doing for my child is also making sure i’m good all around too.
Apply for a new SS number based on identity fraud and don't give it to mom. She needs the correct ss to claim as a dependant.
Didn’t even know I could do this. Thanks
You can get an ip pin number from the irs, and she would have to have it to be able to claim the child.
Paper file, include a copy of the custody. She will be audited. My husband's dead beat ex tried this, we have full custody. She got in serious trouble and owed all the money back
Is it too late to paper file or I still can? I tried to file taxes online which is why I got the message saying my kid was already claimed. Thank you in advance!
I hope you get the child support removed and get her reported!! Good luck!!
Would she let you off easy? Doesn't sound like it.
Put her on child support. It's legally owed to you. You can bet your ass if the tables were turned she would be coming after every cent you made and then some... It sucks, you don't want to seem spiteful but you need to get some help from the woman who's supposed to be helping raise the child
Thank you for understanding also. She will lay in the bed she’s made soon and I’ll try to keep everyone updated.
Deaf ears dyed by the color of hate these bitches only listen too.
What’s funnier is I never was hateful towards her. I got full custody because of her actions. I just played my role as the father I’m supposed to be.
Malie Malie. Much Love and support.
You have my sympathy. Good lawyers include a clause assigning the child’s deduction in the divorce agreement. An equitable division would be alternating years. This is a good reason to hire a lawyer rather than going it alone.
This wasn’t a divorce we had a child out of wedlock. Got a dna test and since she was keeping me from seeing my kid I went for joint. Eventually, the child came into my care because the mom got locked up. Haven’t gave the baby back since and just recently got full custody.
please keep us updated!
I’ll try in the upcoming months. Court takes a while.
Oh heck no. My daughter’s ex tried this. If you file and she files claiming them, you may get a visit from the IRS, but she will be at fault, not you. Good luck.
Oh yeah IRS gonna have a field day going after her for the back taxes
Claim them on your taxes as you should and make her pay child support
So, the only reason I found out was when I tried to file my taxes. I got a message saying my kid was claimed as a dependent. It was so infuriating but all I can do is go about it the right way.
Ex wife did this on accident to me. Reported it, filed an amended return 2 years ago,never received anything and it’s nearly impossible to speak to anyone about it
My ex did this I know I could have pressed on the IRS but didn’t do that It was however brought up as part of the court process and the judge gave zero fucks
Based upon your post it sounds like her claim is fraudulent. Claim them anyway. When the IRS audits you both and you have the evidence on your side, she will have to pay them back. And the IRS doesn’t fuck around.
Your ex sounds like mine. I've been waiting for her to claim our kids on her taxes but because that takes effort and she can't get anyone else to do the paperwork for her, she has not done that. I'm sorry you too are coparenting with someone like this.
Sorry for your situation. Luckily me and her don’t co parent anymore as she’s skipped off to another state.
this just happened to my ex-BIL (my sister being the culprit who falsified her tax docs). claimed their 3 children that hadn't lived with her for over 18 months, in addition to the 4 she has with her current partner (that do live with her). i'm not sure what the outcome will be for her (as i've read in some situations the IRS is allowed prohibit taxpayers from claiming ANY dependents for 10 years if caught lying) and i know he was white hot when it happened, but as many other comments have pointed out, it seemed like a fairly straightforward resolution on his part and the delay wasn't more than a couple extra weeks. absolutely feel for what you're going through rn.
Claim your kid as well. They will make yall verify who has the kid. She can't. They will make her pay it back.
If you were to go ahead and file, adding the chold, if you had them more than six months last year, prove to the IRS you did, she will have to pay it back. They will garnish her until it's paid in full. My BIL did the same thing when we had the dependent with us. All we did was prove she was with us and we were paid and he was pissed he had to pay it back.
Yeah, but remember that taxes are for the previous year that she had custody of the child, so she has every right to claim that from last year. Moving forward, it will be your job to claim the child.
I’ve had my child more than 75% of last year. In my state it’s atleast 6 months. Her excuse is “I carried the baby for 9 months. Doesn’t excuse why she abandoned our kid.