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Reged: 04/29/10
Posts: 79
Tax issues - claiming
      #776800 - 02/05/12 01:47 PM

its my year to claim our daughter on my taxes. Last year the ex claimed. In our divorce decree it states every other year. Anyhow, this year, the ex claimed EIC with my daughter as a non-dependent. My tax return came back rejected stating that any SSN of a child being used for EIC cannot be used on any other EIC return OR any other return in the same state. I called my ex to explain that by claiming our daughter on EIC that it won't allow me to claim her. She gave me the run around saying she did nothing wrong and the online tax site said she could...bla bla. I caught her in about 3 lies. I asked her in the beginning if she got her tax check back yet, she told me no. Then later in the convo she told me "i cant do anything about it because it's already hitting my account and just pending" - so I know something is fishy about it. The other thing she told me was that she claimed "head of household" well correct me if I'm wrong but I'm pretty sure you have to have a child dependent, spouse, or elderly parent (elderly or not, just another adult you're claiming) as a dependent in order to claim head of household. Anyways - I know she is lying and she is extremely defensive and is refusing to cooperate - this is what she does when she knows she has done something wrong but won't admit to it. I'm going to call the IRS tomorrow and see what they have to say about it. Anyone have any experience?

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Reged: 03/22/12
Posts: 51
Re: Tax issues - claiming [Re: SamsDad]
      #781048 - 03/26/12 02:44 PM

This is where electronic filing hurts people like us. It automatically accepted hers and automatically rejected yours. I had the same problem with my ex-wife. You have to call the IRS and arrange a face to face meeting at your local office. Show them the divorce decree that states every other year and hopefully you have proof that she claimed last year. With the proof they will amend her return and send her a bill. She also cannot claim head of houshold if she did not have physical custody for more than 50% of the year.

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