Question

Ex spouse claimed child without consent form

Forum|Forum|4 years ago
March 12, 2022
1 reply
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I have sole custody so the children live with me 100% of the time. I did not fill out the 8332 form. Went to file taxes and kids were claimed. We have a court order stating he can claim them if not in arrears but it’s showing arrears on the state child support enforcement website. How long would it take for the IRS to remedy? Also, having sole custody, and the court case was after 2009, I have to fill out the 8332, i didn’t so since he knew that and filed anyway, would he lose in this situation?

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LeonardS

If ex-spouse else claimed your child inappropriately, and if they file first, your return will be rejected if e-filed. You would then need to file a return on paper, claiming the child as appropriate. The IRS will process your return and send you your refund, in the normal time. Shortly (up to a year) thereafter, you'll receive a letter from the IRS, stating that your child was claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake to do anything. The ex-spouse will get the same letter you did. If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.

The winner gets the tax benefits; the loser gets to pay the IRS back with penalties and interest. The custodial parent almost always wins. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre-2009 divorce decree.

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