Can Both Parents Claim Eic for Same Child
How to End My Ex From Fraudulently Claiming Our Child as a Dependent
Can someone PLEASE explain how, or the steps/telephone numbers/agencies-besides getting an attorney, I must take to get the IRS to have more serious activeness against my EX for fraudulently, AND HABITUALLY, challenge our child on EX'southward revenue enhancement return EVERY year?Background: We accept been divorced for 12 yrs. Divorce decree allows for ane, or the other party, to merits our simply child EVERY OTHER year, specifically stating-fifty-fifty years to EX and odd years to me.
The first 2 times EX claimed child in my years, I let it get (even though I reminded EX this was not acceptable) because EX takes it out on my child.
In last x years, each time I try to e-file, I can non because it states that someone else has taken my dependant that twelvemonth (after I find out it is EX-as he has no trouble admitting so). Therefore, I file my return without my child, in order to meet the Apr. 15th deadline, by newspaper filing an amendment, no later than the cease of Apr, INCLUDING a copy of our Decree.
Per IRS rules, for the year our Prescript was filed, copy of Prescript is the required proof IRS needs to prove why I should go my child. Every time I have had to practice this, in approximately, December of year filing amendment, I get my return which is right, which is me receiving my child equally a dependant. I Have NEVER BEEN AUDITED, NOR HAVE I Always RECEIEVED Whatsoever LETTERS FROM IRS, regarding Whatsoever matters, much less regarding this specific issue. This states an obvious belief past the IRS that I am correctly and continuously NOT trying to defraud them.
Every odd year wherein it is my year to claim my child, I get-go reminding EX, usually in most July (of the tax year I am to go my child)....and every twelvemonth EX states EX spends more money on my kid, or my child spent more than time with EX, or EX would owe if EX didnt have my child, etc., etc.-e'er some excuse-regardless that I remind EX that the Pick is NOT EX's to make. I take fifty-fifty gone as far as offering a portion of my return to EX (enough to cover any EX's owing amount would exist), I accept financed multi-m dollar vacations wherein EX states EX could not go if EX cannot claim my kid, regardless that in Decree at that place are gear up vacations that the 3 of united states of america are ordered to take every bit a family at certain ages of my child. I do this for 3 reasons: EX refuses to sign Any certificate, prepared past whatsoever individual that makes a change to the Prescript, whether in EX'south favor or not, whether in regard to something that has already transpired or not...second-My child knows of the vacations and therefore would be heartbroken should any not be taken. Due to the vacations beingness ordered and EX's refusal to sign any document, should they not be taken when ordered I want to ensure that I take followed all Prescript orders to a T! 3rd-EX turns facts around thereby making information technology "my fault" should nosotros not get; therein trying to "turn" my child confronting me. Finally-I have gone back to Court to administer changes only to meet a brick wall because I inadvertently titled the document incorrectly and the Judge threw information technology out. I have not attempted this once again because the corporeality of bug it created for my child was devastating to say the least!!!!
EX has done information technology AGAIN! This is across crazy at this betoken! EX needs more than a letter from IRS stating EX owes money to them-this makes no thing to him! Hence, most likely the reason he owes every year as well. I had read that the IRS can prohibit EX from Ever claiming child again should he habitually try to defraud IRS. I would say 10 years (v wherein they were my years) would be considered habitual.
VENTING Point and icing on the cake (which just ticks me off only has no bearing on present question), EX (no exaggeration) makes $42/hr. More than I do. Besides as, EX NEVER paid the approximate $25,000 of debt EX was ordered to pay in Decree (I ended up paying these debts).
It is fourth dimension for this all to STOP! My child is quondam enough now that my child deserves to know the truth, EX deserves more than than Merely an amendment to Prescript and local county slap on wrist. I have NO DESIRE to stop EX from seeing child!!!! But for due procedure for EX'southward habitual breaking of law.
Sorry for long post but wanted to try and divert all questions ahead of time. I take researched only to discover what IRS can practice--but they have never done.
HOW Do I GET IRS TO Exist MORE SERIOUS Confronting EX????
Re: How ii Get IRS ii Accept Serious Activeness Toward Fraudulent Habitual Claiming of Depend
You seem to have 2 issues confused. One is a courtroom guild issued past judge J of Podoke, Wherever and the other is the Internal Revenue Service. Absent a course 8332 issued past the custodial parent, Judge J's order has the full force and effect of peeing into the wind. If the judge fabricated a sharing order, non custodial parents recourse is to file contempt charges confronting custodial parent, requesting reimbursement for refund amounts lost and requesting that Judge J also issue an order requiring custodial parent to issue IRS form 8332 on alternate years or face up further contempt charges. Once non custodial parent has from 8332 safely clutched in their hands, they can attempt to file using junior. If custodial parent has ignored the fact at that betoken, non custodial parent files a paper return (erstwhile fashioned way) submitting re-create of signed form 8332 and court order. Custodial parent gets a nasty gram from the IRS and is usually prohibited from utilizing their kid deduction for a period of years.
Re: How 2 Get IRS 2 Take Serious Action Toward Fraudulent Habitual Claiming of Depend
Per IRS Publication 504, pages 8-10, our decree has as much continuing and the Grade 8332 is NOT required and simply stated pages of Decree (from Guess J of Podoke, Wherever---freaking funny human!) must be submitted. Therefore what I have done previously has as much strength as sending in a signed Form 8332...Our prescript was between 1985 and 2009. I am certain EX has received nasty gram a few times at present...simply obviously it has Non stopped EX from e-filing with my child as a Dependant. EX has never Not been able to take my child...that is what at this bespeak needs to happen...hence, my original question. Got more info? I would love to know it!! - - - Updated - - -Oh and I have asked EX to sign a Form 8332 Anyway, in advance of coming years and EX refuses to.
Re: How ii Get IRS ii Take Serious Activeness Toward Fraudulent Habitual Claiming of Depend
You mean these quotes?
How exactly does one e-file the below, assuming you take them?Special rule for divorced or separated parents (or parents who live apart).
A child will be treated as the qualifying child of his or her noncustodial parent if all iv
of the following statements are true.1. The parents:
a. Are divorced or legally separated under a decree of divorce or split maintenance,
b. Are separated nether a written separation agreement, or
c. Lived autonomously at all times during the last 6 months of the year, whether or not they are or were married.two. The kid received over half of his or her support for the yr from the parents.
3. The child is in the custody of i or both parents for more than one-half of the year.
4. Either of the following applies.
a. The custodial parent signs a written proclamation, discussed later, that he or she will non claim the child as a dependent for the year, and the noncustodial parent attaches this written annunciation to his or her render. (If the decree or agreement went
into consequence later 1984, see Divorce decree or sepa*ration agreement that went into effect later 1984 and before 2009, later.
b.A pre-1985 decree of divorce or separate maintenance or written separation understanding that applies to 2022 states that the noncustodial parent tin merits the kid every bit a dependent, the decree or agreement was not changed afterwards 1984 to say the
noncustodial parent cannot claim the child as a dependent, and the noncustodial parent provides at least $600 for the child's support during 2013.Divorce decree or separation agreement that went into effect after 1984 and before 2009.
If the divorce prescript or separation understanding went into result after 1984 and before 2009, the noncustodial parent may be
able to adhere certain pages from the prescript or agreement instead of Form 8332. To exist able to practice this, the decree or
agreement must state all 3 of the post-obit.
1. The noncustodial parent tin claim the kid as a dependent without regard to whatsoever condition, such as payment of support.
2. The custodial parent volition not merits the kid as a dependent for the year.
3. The years for which the noncustodial parent, rather than the custodial parent, can claim the child as a dependent.
The noncustodial parent must attach all of the following pages of the decree or agreement to his or her render.
The cover page (write the other parent'due south social security number on this page).
The pages that include all of the information identified in items (1) through (3) to a higher place.
The signature folio with the other parent's signature and the engagement of the agreement
Quoting Rebel D
Per IRS Publication 504, pages 8-10, our decree has equally much standing and the Course 8332 is Non required and only stated pages of Decree (from Judge J of Podoke, Wherever---freaking funny man!) must exist submitted. Therefore what I take done previously has as much strength every bit sending in a signed Form 8332...Our prescript was between 1985 and 2009. I am certain EX has received nasty gram a few times now...simply obviously information technology has Not stopped EX from due east-filing with my child every bit a Dependant. EX has never NOT been able to accept my child...that is what at this point needs to happen...hence, my original question. Got more info? I would love to know information technology!!
- - - Updated - - -
Oh and I have asked EX to sign a Course 8332 ANYWAY, in advance of coming years and EX refuses to.
Re: How 2 Go IRS 2 Take Serious Activity Toward Fraudulent Habitual Claiming of Depend
You have no standing with the IRS to address the taxation return of any other person except yourself. What your ex has done on their tax return is of no business concern to you - it's none of your business. That is between him/her and the IRS. You cannot influence what the IRS does - i.due east. you lot cannot "get IRS to exist more serious."What y'all Can do is file your own revenue enhancement render and claim what you are entitled to. The IRS will issue you what always refund you are entitled to. If 2 people have claimed a child on their returns, the IRS will send them both a letter. The letter of the alphabet will explicate the rules for claiming a child. They volition instruct the non-qualified person to amend their return and pay dorsum whatsoever excess refund they have received. So they wait. If nobody responds, then they ask for evidence in support of what was claimed on the taxation render and and so make a determination.
Your divorce is pre-2009 so if it has an unconditional grant of the exemption then you can claim information technology as provided for in the divorce decree. Y'all practise non demand class 8332 to exist signed. If in that location is a condition such every bit "so long every bit X is current on kid back up payments then...", you would have to get the 8332 signed. Theoretically you could take the ex to courtroom and allege antipathy, merely since you will have already gotten the refund due to y'all, you would non exist able to show any harm from the contempt other than the inconvenience of having to file your tax render on paper. It would not brand sense to do that unless the 8332 is required and they have refused to sign it. You can compel them to sign if that is the case past taking them back to court.
Since you lot seem to accept the necessary backup to back up your claim, you ex volition have to pay some money back to IRS. That should exist incentive enough not to practice this again.
Re: How ii Become IRS 2 Have Serious Activeness Toward Fraudulent Habitual Claiming of Depend
Everybody has the 10 year bit wrong.The IRS cannot prohibit someone from claiming a dependent. They can however prohibit someone from claiming EIC for a period of ten years if they have fraudulently claimed EIC. Still, the CP challenge EIC for a child should non exist an issue anyhow, every bit the NCP is never allowed to claim EIC.
Rebel D, I doubtable that the IRS is already coming down quite hard on the other parent, since your return has never been challenged. In fact, that is probably WHY the other parent keeps doing it. They probably owe the IRS a ton of money and never encounter a penny of any refund because the IRS keeps them towards the debt.
Re: How 2 Go IRS ii Take Serious Action Toward Fraudulent Habitual Claiming of Depend
Give thanks you. At present that the initial sting of EX doing this once again, your post makes complete sense and I should accept only sat and idea most it. As I mentioned in my original postal service I too believe EX continues to do this bc EX owes so much for having washed this and then many times. EX did state that EX could non take EIC this time....states bc EX's income is too loftier...possible yes, or the possibility that EX has been told by the IRS EX can not could likewise be the reason. - - - Updated - - -One other thing I wanted to mention was that I have read in this thread and in others people speak of the IRS sending both parties a letter should both parties merits a child on thier returns....THIS DOES NOT HAPPEN equally a standard of dominion ALL OF THE TIME....I have NEVER received ANY LETTER from the IRS and every other year nosotros both file for the kid. The understanding I presume that this does not happen in all cases is that I transport my return in WITH PROOF AHEAD OF TIME. So maybe save yourself time and send in whatever is needed for your proof of your state of affairs and information technology will speed up the process some.
Source: https://www.expertlaw.com/forums/showthread.php?t=171019
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