Birmingham, AL asked in Bankruptcy for Alabama

Q: My Ex husband lied about sons age to use him for IRS exemption on Chapter 13 info. What can i do? plan is confirmed.

He is also not not paying the child support nor alimony as outlined in his plan--although he is taking full IRS allowable exemption for ALL of the children. This gives him a lot more disposable income each month which he is not paying into his plan. Is this along with the lying about son's age considered fraud?

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1 Lawyer Answer
Kevin M Ryan
Kevin M Ryan
Answered
  • Bankruptcy Lawyer
  • Loxley, AL
  • Licensed in Alabama

A: You should contact the IRS to inform them if your ex-husband was not eligible to claim your minor child for an income tax exemption. The IRS will request a copy of the Court Order which determines which parent can claim the child as a dependent for income tax purposes. If you do not inform the IRS that he improperly claimed the exemption, YOU could be charged additional fees and penalties relative to your filed tax return, which the IRS will consider as being incorrect. You can get more information on this issue at www.irs.gov online.

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