Q: Can I have my ex taxes amended from the previous year?
My ex took my kids out of state without my permission while I was at work. We are in the middle of a custody case. Last year she claimed all our children behind my back. When her and the kids were still with me until Sept of 2016. There was no way she supported us and all 3 kids on her income. As probably stated in her tax return last year. Can I have her taxes amended from last year? I spoke with my family lawyer and he says its to late so I didn't pursue it. But when I tried to ask her about claiming at least one of our children this year she said no because she had them all year and I didn't help support them. I was advised by my family attorney not to send her any money until a final decision has been made by the courts on the custody of the children. She currently has temporary custody.
A:
Here are the IRS tiebreaker rules (when two people try to claim the same dependents):
https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/qualifying-child-of-more-than-one-person
More detailed information can be found in IRS Publication 501:
https://www.irs.gov/pub/irs-pdf/p501.pdf
For information about your specific legal situation, you would have to consult with a tax attorney. Fortunately, federal tax issues are a national practice area. For reference - I do charge for consultations.
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