cncjoe21
recently joined
Reged: 03/14/11
Posts: 1
Loc: California, USA
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I'm in the process of getting divorced and just filed my tax return as head of household. It was rejected because my wife had used my only qualifying child as her dependent for her return. This she did without telling me and I believe should not have happened because she moved out of the house for over a year now, she has not contributed to support my son or our financial responsibilities. I tried to find out from her what she was planning to do as far as our tax return. She said to talk to her lawyer about it. This I did and never got an answer from either one. Now my return was rejected and can't use head of household to file, of course this meant I lost a lot of money. Isn't this illegal to do? her tax preparer is a friend of hers and she knew our situation but helped her to go that route, shouldn't she be also accountable for doing something illegal? if this has happened to anyone, what can be done about it? thanks
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Jose A. Gutierrez
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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You file your taxes by snail mail from here. The IRS will sort it out. You will get the proper refund, and she will owe the IRS.
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9823
Loc: Arkansas
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Yes, forget e-filing. Mail your return in with your child as a dependent (assuming he DID live with you like it sounds) and enclose a copy of his school record showing your address as his home address and perhaps even a letter stating when the mother moved out, that she improperly claimed your child and that the child has resided with you the entire time. No accusations, just be very brief. 99% chance they'll process your return as you stated and then go after her to prove why she thinks she deserves the dependency. She simply got it because she filed first, you haven't lost anything yet.
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Eternity is too long to be wrong.
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