Non-custodial parent filing

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Latest post 01-29-2009 11:38 AM by SnglMom2. 11 replies.
  • 01-24-2009 2:07 AM

    • SnglMom2
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    Question [=?] Non-custodial parent filing

    Here's my question. My daughters father called me today to get her social security# to add her to his insurance like he is court ordered to do. Like an idiot, I gave it to him, and then verified later on in the day that there is no insurance and he filed his taxes and claimed her. He has never had custody. My daughter is 15 and HAS NEVER LIVED WITH HIM a day in her life, only with me. I DID NOT SIGN any IRS form stating he has permission to. We were NEVER MARRIED, thus no divorce decree. And the every other year filing was never established in courts, I have always claimed her and HOH and the EIC. However, as of March 08' he was $6,000 in arrearage and I had an atty obtain that for me thru some estate money my daughters father was getting. I got it. In Dec 08, I rec'd another $2,000 from again, estate money that was being paid to my daughters father from HIS fathers death(10% of his portion). I also rec'd approx $35 a week on and off for regular child support. I realize I did recieve a lot last year. However, I went a long time with NOTHING and it is only because of the death of my daughters grandfather that this arrearage was satisfied. BECAUSE I did receive these monies, I am guessing my daughters father guessed he could just claim her. Which he did today. I have no idea how since he has none of the above??????????????? (Divorce decree, IRS form signed by me, court order)If he supposedly "cannot" claim her, then how did he do it today!!!!!!!! Sorry had to give you background info for you to understand????? Can he do this? What will the IRS do to my tax return??? Can I still claim her??? I am so confused! Please help!Thank you!!
  • 01-24-2009 6:43 AM In reply to

    • LdiJ
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    re: Non-custodial parent filing

    Yes, you can still claim her. You won't be able to file electronically, but you can file a paper return and you will still receive your refund. It will take 4-6 weeks.

    Then, later on down the road you will both get a letter from the IRS stating that there has been a duplicate claim and that whichever one of you shouldn't have claimed her, should amend your return.

    If neither of you amend your returns, then the IRS will investigate and eventually your ex will have to pay back the excess refund he received.
  • 01-24-2009 9:52 AM In reply to

    • SnglMom2
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    Feedback [*=*] re: Non-custodial parent filing

    So basically the only reprucutions I personally will recieve out of this is my return will take longer to get instead of me being able to do like a Rapid Refund??? So even though I did receive all that $$ last year, that didn't give him the right to claim our daughter???? He is thinking he's off scott free and kind of like "haha in your face, I got her first"........ I will have to prove she lived w/ me for 08' won't I....eventually.....
  • 01-24-2009 10:52 AM In reply to

    Feedback [*=*] re: Non-custodial parent filing

    Yes, other than the return will have to be filed on paper if he filed electronically first and claimed her, there is no immediate problem. You refund will take a little longer to get, but that's it for now. Eventually, the IRS will match the returns and, as the prior response stated, you'll both get letters about it. You will need to be able to show the she lived with you for the greater part of the year. Once you do that, he's going to be stuck because he can't prove she lived with him and he doesn't have the Form 8332 from you releasing the exemption to him.
  • 01-24-2009 11:01 AM In reply to

    • SnglMom2
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    Feedback [*=*] re: Non-custodial parent filing

    I just talked to H&R Block, where I have filed for 8 years. They told me I CAN still come in there and file electronically and they will put a note on my filing stating Dad claimed her and had no right to or papers to back it up and that way it will let the IRS know to investigate further..? I don't want to screw myself by filing electronically when everyone has told me NOT TO b/c of what he did..........?? Thanks for all your help!
  • 01-24-2009 4:56 PM In reply to

    Feedback [*=*] re: Non-custodial parent filing

    I don't prepare returns for many clients -- that's not what tax lawyers do. So, I've not seen what the IRS will do this year for the second electronically filed return that claims the same dependent. At least up through last year, the second return got rejected and you had no choice but to file on paper. You can try it and see--maybe he didn't claim her or he hasn't filed yet and you'd be fine. But find out if the tax prep firm will charge you for electronic filing even if the return gets rejected. You don't want to pay the fee for electronic filing if it won't work.
  • 01-25-2009 1:37 AM In reply to

    • LdiJ
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    re: Non-custodial parent filing

    The IRS still does not accept a second electronic filing. The second person filing still must file a paper return.

    However, if he hasn't actually filed yet, you could still electronically file. However Taxagent is correct, if you file through H&R Block you may be unnecessarily paying fees you do not need to pay if you are certain that he has already filed.

    If you use a tax professional (H&R Block or someone else) make sure that you fully explain the situation up front, and get full disclosure from them regarding fees. Most tax professionals will require you to pay their fee up front in this particular circumstance, however the fee would usually be quite a bit less than a fee that involves a "rapid refund".
  • 01-25-2009 9:42 AM In reply to

    • SnglMom2
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    Note [#=#] re: Non-custodial parent filing

    Thank you for both of your feedback. I am 99% postive he has filed and probably already has his refund in his hand.
    When I called H&R, they said they could still file me and they had handled this before and they would put a "note" on my filing to the IRS to let them know what he did. Therefore launching an investigation.
    I have no idea what that means! I am going to call them back before I go @ your advice to see what they would charge in the event my filing gets rejected.
    Everyone I have talked to says he's in pretty big trouble once this all unravels and he could get penalized??? I hope so! He had no business doing this without my knowledge!!!!
    Thanks again for all your help!
  • 01-26-2009 4:28 AM In reply to

    • LdiJ
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    re: Non-custodial parent filing

    I would suggest that you perhaps go to someone other than H&R Block (or at least that H&R Block office) to have your return prepared. It doesn't sound like that particular office knows what they are doing in this particular instance.

    Whichever location you go to, ask for an appointment with someone with lots of experience.
  • 01-27-2009 11:01 AM In reply to

    • SnglMom2
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    Question [=?] re: Non-custodial parent filing

    I spoke to the IRS today and of course they cannot just give you a straight answer about anything! They kept asking me, did my daughters father provide more than half of her support?
    As I stated before, I did recieve child support last year and also $6,000 in arrearage and also $2000 from my daughter's grandfathers estate.
    So roughly $8,000 in payments besides child support. Would this be considered half of her support and if it would does that give him the right to claim her. Again, he has no divorce decree, court papers or 8332 form and we have never been to court for this. He just "did it".
    Thanks.
  • 01-28-2009 3:02 PM In reply to

    Feedback [*=*] re: Non-custodial parent filing

    The IRS asks for that because their computer script they use to help guide them in answering these questions asks for it. They go through the whole script before the computer prompts them with an answer for the question. That way, the IRS reps don't have to remember all the details of these admittedly not simple rules. The guys and gals on the phones are not IRS lawyers or agents and have to deal with a large range of questions, so they cannot be experts in everything. Thus, the need for the computer program.

    But really, whether he paid half the support in this case doesn't matter. That only matters to him in qualifying under the "qualifying relative" test rather than the "qualifying child" test. But he doesn't get to use that test here. Instead, the rule for divorced or separated parents is going to apply, and thus the only way he gets the exemption when the child lives most of the year with you is if you give him a waiver allowing him to claim the exemption.
  • 01-29-2009 11:38 AM In reply to

    • SnglMom2
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    re: Non-custodial parent filing

    .....and thankfully I never gave him that waiver or anything else for that matter!!!!!! I'm just really really going to waiting forever for my return I think, which is not good. Thanks Taxagent for your help and direction!!!!!!!!
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