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Question for the Money Doctors

Question submitted on Oct 2, 2014.


i just found out my x husband has been filing his tax returnes and putting my son on it. my son is 15 and i have custody of him full time since hes 2yr. i never gave him permission. he does not give my son any tax money. how can he do that? my son dont live with him, and i find it unfair that he can make money at the end of the year off my son! Is there a way he can pay that money back to my son


If your ex-husband as the non-custodial parent is not legally entitled to claiming your son as a dependent, either through the terms of your divorce agreement or because you granted him the right to do so, then he has been submitting fraudulent tax returns.  The reduction in tax liability that he may have received as a result would not be due to your son, but to the federal government.

If both of you are claiming your son as a dependent, then there is a chance the IRS could reject your return and not allow you the exemption and/or credits.

To avoid this, e-file your return as soon as possible.  The IRS will accept the first return they receive with your son’s social security number listed as a dependent. 

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