What can I do if my children were illegally claimed for taxes? 2 Answers as of April 04, 2011I want my Kids’ father to stop claiming my kids on is taxes he did it last year and this year I can't get my refund , I called Social Security to see if I can change my kids S.S. and they said no I can't take this anymore I live in NY and He lives in FL what can I do I am married and my Husband takes care of the kids and myself.
Theodore W. Robinson, P.C. | Theodore W. Robinson
First, consult with an attorney about this matter. Second, you usually can file your tax return as early as January 1st and I would do that and take the children's exemptions off on your tax return first and then let him try to do it. In such events, the IRS usually calls both parties in and they figure it out with the help of your Stipulation of Settlement or the Divorce decree both of which are binding upon both of you. As for back taxes, it may not be worth going through it, but you could sue him for contempt of court and have a judge find against him and direct him to pay you back for all he's obtained as a result of taking off those exemptions. Plus, your agreement may have in it a provision that holds him responsible for counsel fees if he loses such a court case and some lawyers will take that type of case on based upon such a clause so it may not cost you much up front to start it. Good luck.
Answer Applies to: New York