QUESTION
Should I be concerned that my ex-wife is claiming both our children when in the decree it says she can only claim one?
Asked on Apr 07th, 2015 on Taxation - Ohio
More details to this question:
I was divorced 11 years ago. There are two children. The divorce decree states the mother can claim one child and I can claim the other. For the past two years my ex wife claimed both children. Saying she was told that she can do this because they live with her. Both of these years IRS informed me someone had already claimed the child that I was claiming. Both years I resent my return with a copy of my divorce papers. Both years I received a return. I have no idea if my ex wife received her returns or not. My concern is sometime in the future IRS will come back on me saying what my ex wife did is correct and therefore IRS wants money back from me. Should I have this concern?
1 ANSWER
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, you don't need to be concerned. Because your divorce was 11 years ago in 2004, all you need to do is attach a copy of the decree to your return to get the exemption. WARNING: For divorces in 2009 and after, the IRS decided to stop trying?interpret the divorce decrees of the 50 states (plus the various US territories and districts as well as foreign decrees). So for 2009 and later ?the IRS has a rule: if your spouse is the person who is qualifies under the tax law to take the personal exemption for a child, you can take that personal exemption only if your spouse signs a Form 8332 giving you the right to take the deduction. If your spouse refuses to sign Form 8332, the go back to court and charge them with contempt.
Answered on Apr 09th, 2015 at 7:51 AM