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OT: Ex claimed BS on taxes

SecondBest09's picture

My electronic filing was rejected b/c my ex apparently already claimed our BS20 (College student) on his taxes. I have a court order that granted me custody last year and clearly states that I have the right to claim him on the taxes. I contacted IRS this morning and they said I have to file my taxes through the mail and it will take 6-8 weeks. They said I would still get my refund but it would be flagged b/c two people claimed this dependent. Paperwork would go out to both parties and I have to show proof I have right to claim him (which I obviously have) and my ex would have to pay back the money he received from the IRS. All fine and good months later, but in the meantime, HE has received additional refund by claiming him and I am the one that has to wait to receive mine. Has anyone had to deal with this and what were the results? I would also like to know if this is something that a judge would consider contempt since the court order clearly states who can claim him. What is even worse is that this man did not provide one dime of support for our son last year b/c he basically kicked him out in August of 2008 b/c my son finally stood up to him about how his father had treated me. My son's college baseball coach called in Jan of last year b/c our son had been dropped from enrollment b/c his tuition wasn't paid and his father never even called the coach back. I had to take care of it! UGH!

LizzieA's picture

We are in the same situation. DH has the right, every year, no conditions, to claim SS. Divorce was final 2007. We claimed in 2007, no problem, although she wouldn't sign the form so we had to send in divorce papers. For 2008 the cow claimed him. We didn't find out until last summer, when we got a letter. DH was told we didn't have to do anything when he called. Now, BM has gotten about $30,000-$40,000 out of DH -- mucho equity and all the support owed -- so she is just greedy and underhanded. Every change since the divorce agreement has been made in writing and signed by both. BM also claims SD and GS cause they live with her and she also gets earned income credit. She is a disaster financially, always was, put on a deck but didn't fix the roof. That kind of idiot.

Anyway, this situation destroyed any respect I have for her.

kphotog's picture

BD did that on his FAFSA after telling FW that she should since he already gets a discount from his dad being a Professor at the school. If she would have said something to the school about it he would have gotten all financial aid taken away since he was also living a his parents at the time.

I wish there was a better system in place to prevent this it's B.S.

SecondBest09's picture

Actually, in our state, child support is paid until the child is 21 as long as they are in college. But neither of us pays child support as he has physical custody of our BD and I have physical custody of our BS. But that's not the issue. Ex claimed him as a dependent on his taxes, but I have custody and court order stating I get to claim him. He can be a "dependent" until the age of 24 as long as he is a full-time college student (which he is.) I am also entitled to education credits, etc under the tax law for eduction/tuition expenses I paid for him. Ex apparently claimed him and took advantage of those things. Of course, it WILL come back to bite him once the IRS investigates. It's just that now I have to wait for 3 months for anything to be done about it while he already has the refund, AND I won't get MY refund for several months now, plus all the hassle of proving to the IRS that I am entitled to claim him as a dependent.