I don’t think you need to go back to court concerning the IRS issue. If your court order says YOU get to make the claim, then you do. There will be a red flag in the IRS system, and your ex may get in trouble for this…not you. He will have to pay the penalty. Honestly, I think you would be wasting your money going back to court…as long as that court order says you have the rights to do this…then by all means, you do. Your ex is putting his own head on the chopping block with the IRS (so to say) if he is going against the court order.
Make sure you understand the wording, you said the court order states “YOU SHOULD” or did it say “YOU WILL”, big difference
What my ex did last year (and will try to do this year) is RACE me to the tax accountant so that when I do mine, I get rejected by the IRS. I have a letter from the IRS telling me I might be penalized from last year’s problem. I know him, he will try to do this every year until he’s caught. This is a difference of $3800 for me, a single mom working part time and attending college.
You probably need to send the IRS proof of residence of your kids, what proof you will need -the IRS can tell you.
This happened to a friend of mine. He was told by the IRS that just as long as you legally have the right to claim the kids on your return, you should. If he has already filed with their ss# the IRS will reject your return when if is filed electronically. All you need to do is mail them in, they will be processed and you will get your refund.
In time you both will receive a letter from the IRS telling you that the ss# was used twice and you need to prove to them that you used them correctly. If you used them and can not prove that you had the right to use them, you would pay the fine and the re-calculated taxes.
This happen for 2 years for my friend before he received the letter from the IRS. He mailed them a copy of the court paperwork and the kids school SIMS report that showed that they resided with him. I’m not sure what happened to his ex, but he never heard from the IRS again. He was able to file electronically this year, so she obviously didn’t use the ss# this year.
Hope this helps, It sounds like the financial impact to you was to great to let it slide.
Contact the IRS and tell them what has happenend. They will give you instructions on what to do and what is required of them in order for you to prove that you have the right to claim them.
My ex did this a few years ago and when I got my denial letter I called the IRS told them that he had claimed the kids and that they lived with me the entire year. I explained to them that I could send them school records, physician records and anything else that they needed in order to prove their residence. They told me not to worry about sending the info. They sent my taxes through and I had my refund in no time. They later went after him for the fraud, made him pay back all money plus the fees and fines.
Needless to say…He never tried that again.
Hope this helps.
if you have primary custody of your children or it is stated in your separation agreement that you can claim for tax purposes than you would have to sign a federal form to waive those rights and therefore entitle your husband to claim the children. There is actually standards on the IRS website showing who is permitted to claim them based on the amount of time the child/children are with a parent. If he claims them and he has no right to he is the one who will be penalized - not you.
I hired an attorney for my divorce, and paid him for 10 hours. We never went to court, and my ex and I signed a separation agreement. The divorce was final a year ago. I was not satisfied with the services of my lawyer ( I’ve called him with questions less than five times since the divorce, and he talks down to me and acts as if i have no right to call). Can I hire someone else when problems arise? For example, My ex-husband claimed our children on his taxes, so he would get more money back from the IRS. Our divorce decree clearly states that I should claim them. Can I hire someone to help me take him to court, even though the divorce is final?