my kids father claimed us on his tax return and wont pay back?

Question

my kids father claimed us on his tax return and wont pay back?

Answer 1

There's nothing that you can do about his claiming the children since you gave him a signed Form 8332 that he attached to his return. That said, assuming that you paid more than half of the cost of maintaining your home where the children lived, you still can file as Head of Household. You can also still claim the Earned Income Credit if otherwise eligible. Both of those tax benefits stay with the custodial parent.



BTW, the child support documents are meaningless. Where the kids actually lived for the greater portion of the year is ALL that matters. I'm assuming that that was with you.



He can't claim you unless you lived in his home ALL year AND your gross income was less than $3,650 AND he provided more than half of your support for the year AND you didn't file a return for ANY reason other than to claim a refund of all taxes withheld. If you claim the EIC, he can't claim you no matter what. And if you didn't live in his home all year, he cannot claim you.



If he did claim you illegally, you won't be able to e-file. You must file a paper return by mail. The IRS will automatically investigate the matter and will award the exemption according to the law.

Answer 2

The regulation now says that whoever the custodial verify is gets the exemption. His paying new child help does not entitle him to something. only report your taxes like time-honored. If he efiles first then mail on your return. The IRS will inspect straight away. he will could pay back the monies he have been given plus outcomes and pastime. If he claims EIC he would be barred from claiming it back for 2 - 10 years.

Answer 3

For the kids, if you gave him a signed form 8332, there's nothing you can do about it if he backed down on his end of the agreement. He isn't legally obliged to.



But are you saying he filed a joint return with your name? Or claimed you as a dependent? If he did either of those, file your own return claiming yourself - that will kick off an IRS investigation on why two returns both claimed you, and his claim will be disallowed.

Answer 4

Assuming you signed Form 8332, there's nothing you can do for the 2010 dependency exemptions. Hopefully you signed it only for one year and you can go back to claiming them next year.



How did he claim you? Did he claim you as a dependent? Assuming you're not his child, the only way he could legally claim you as a dependent is if you lived in his household for all of 2010, you had gross income less than $3,650, and he provided over 1/2 of your support.



All you need to do to claw that back is file a paper return. Assuming he filed already, you won't be able to electronically file, your return would get kicked back. File a paper return on your own, and that will kick out your social security number. The IRS will investigate and determine he did not qualify to claim you.



You said "father of my kids." I assume that means you weren't married. That would rule out him filing as Married Filing Jointly, in which case he'd need your signature.

Answer 5

File a paper return for yourself and claim your kids. It must be on paper or it will be rejected online. This will trigger an investigation and if you can prove they are yours to claim, he'll be SOL, and he'll have to pay back a lot of money he probably already spent or has plans for. I would give him one last chance to give you what you agreed to or tell him that you'll file and he'll be paying it all back to the IRS.

Answer 6

File your own taxes and claim them, then when it is denied because they have already been claimed send in the paperwork showing they lived with you, the IRS will go after him and make him pay it back.

Answer 7

File an amended return for yourself. Claim the kids and yourself. Unless you have something in writing where you gave him permission he has no proof and you as the custodial parent have the right to claim the kids on your return. Good luck.

Answer 8

I don't know if there is anything you can do about him not providing for the kids as promised; but if he did use your social security number without your permission and claimed you as a deduction, he can be reported to the IRS as fraudulent...especially too if he has someone to sign the check using your name, that my dear is a felony.

http://www.irs.gov

Answer 9

Then file your own return. Claim the children yourself, since you are legally entitled to. He had no right to claim them unless you gave him a signed IRS Form 8332 (you didn't, did you?)



You'll need to file a paper return, since he already e-filed and claimed the children. Once the IRS sees that you have claimed the same children on your return, they'll investigate, and they'll give you the refund you're entitled to and take back from him anything that he claimed fraudulently.



If you *did* give him the 8332, though, you are simply and completely out of luck. Sorry.