Question

I filed head of household and claimed my wives 4 children and my son. Irs audited me and now she will not put her info on the forms so I can amend it. What can I do?

Forum|Forum|3 years ago
July 14, 2022
1 reply
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The IRS is taking my eic and other credits away without proper proof for the children and filing status. If she wont allow her info on the forms I don't know what my options are

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Mike9241

apparently, you are not the custodial parent. if so then your spouse would need to furnish you with form 8332 for each child for which she is the custodial parent for you to claim them. the IRS requires this but there is no tax law that requires her to furnish you with these forms. even if you have a divorce or separation agreement that says you can claim them the IRS doesn't care. without the 8332 you can't claim them. then this becomes a legal matter for which you need a lawyer.

Critter-3

If you are married and live together then you cannot file HOH which is the first issue I see here... instead you should have filed jointly. If your spouse will not file jointly then you cannot force them.

If you don't live together then the IRS probably asked you to support your claim to the dependents to keep the deduction and the credits. Failure to provide supporting docs will mean removal of those tax benefits. If the wife is the custodial parent then you need her permission via a signed form 8332 to claim any of the kids. If she will not give you that form then you cannot support your claim to the kids.