Dependents Claimed on Two Returns

Then you win. Paper file your return and wait for the IRS letter asking for documentation.

-- Don EA in Upstate NY

Just file on paper. Once your return is processed the IRS will probably be in touch with both you and your ex to sort it out. You'll win, given the facts you present. If you're on good terms, you could suggest your ex file an amended return.

-- Phil Marti Clarksburg, MD

File a paper return on which you claim all the dependency exemptions to which you are entitled. Eventually, the IRS will send notices to both you and your ex. You will provide the documentation desribed above. You will get the exemptions and your ex will get a bill for back taxes and interest and maybe a small penalty.

Paper file, and include a copy of the divorce decree.

Fill it out correctly, claiming all the deductions and dependents you are entitled to, and mail it in to the IRS. They will probably send both you and your ex letters asking to document your claim for the children. So be prepared to respond with copies of school records, medical records, etc., showing addresses of where they lived. Once they make a determination, they will release your refund and penalize your ex for claiming dependents he isn't entitled to.

probably won't be able to efile & may have to deal w/ex to settle it

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-----> real address on hobokeni or hobokenx

You must file your 1040 on paper and through snail mail if you think that you are entitled to claim the children. You will claim them on your 1040 and you will receive a letter and both of you will need to prove that you supported them over 50%. Only one of you can do that and that is the one who will receive the deduction. Missy Doyle

I assume that the divorce decree says noting about who gets to claim the children. If this is the case and you didn't yield their tax benefits to your ex on a signed 8332, then they are yours to claim. File your return on paper (claiming the children as you did on your rejected e-filed return) and the IRS will contact both of you and sort it out. Be prepared to document that they did in fact live with you for most of the year.

-- John D. Goulden

Simply file your return claiming legal exemptions the old fashioned way: on paper. No need to explain anything. And IF IRS sends you a letter next November, read it carefully before you even think at that time you have to do anything. That letter from IRS is only a letter of advice and not a demand to amend. ChEAr$, Harlan Lunsford, EA n LA

"runtwoday" wrote

Does the child support order give him the exemptions? Sometimes the judge will "give" the exemptions to the NCP if he pays more than 50% share of the support and is not in arrears. What is his % share or is the CS order based on his income only (depends on controling state)?

And, it could well be that the NCP pays more than 50% of the support.

That has not been the case since the uniform definition of a child effective with the 2005 tax year. The deciding issue is now which parent had physical custody more than 50% of the year, as long as the child in question didn't provide more than half his own support. See Publication 501.

-- Phil Marti Clarksburg, MD

I am currently dealing with one of these nightmares. Client moved out state to get away from him and ex followed her. Never paid any spousal or child support (retired to live off investments and family $$ rather than pay and when he reached retirement age he started collecting SS for son - keeping it himself even though child lived with mother). In