Is it illegal to claim a child on taxes when it is not your year? 5 Answers as of May 23, 2011

My Husband and I recently received a letter from the IRS stating a problem with our taxes and more information was needed. To make a long story short his ex-wife claimed his daughter for the 2010 tax season. It is written in the divorce decree from the judge that my husband is to claim his daughter on even years and his ex on odd years. His ex has already received her tax return and all the money is gone. Now what do we do? Would her living in Georgia affect any effort of getting this resolved? Thank you for any help!

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David Hoines Law
David Hoines Law | David Hoines
Send IRS letter of explanation with copy of divorce papers.
Answer Applies to: Florida
Replied: 5/23/2011
Law Office of Harry Gordon Oliver II
Law Office of Harry Gordon Oliver II | Harry Gordon Oliver II
Claim the child as ordered by the court. Let the IRS deal with the other person wrongfully claiming the exemption, or what ever.
Answer Applies to: California
Replied: 5/23/2011
Steven J. Fromm
Steven J. Fromm | Steven J. Fromm & Associates, P.C.
She was not entitled to claim the children and she is in violation of the divorce decree. Being in Georgia is irrelevant as this is a federal tax issue. Explain the situation to the IRS and if you are correct, they will disallow her tax claims and allow your claims on your tax return. I am not a divorce attorney, but it would seem that your husband may want to speak with his divorce attorney about his legal options against her and to have her in held in contempt of court.
Answer Applies to: Pennsylvania
Replied: 5/20/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
The IRS probably had two people claiming the child as a dependent when the same Social Security number came up twice. If that is the case, he needs to show the IRS the divorce decree that he was entitled to claim the child in 2010 and the IRS should then contact the ex-wife to amend her return to remove the child as a dependent and for her to make arrangements for nay additional tax due.
Answer Applies to: California
Replied: 5/19/2011
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