Atlanta, GA asked in Tax Law for South Carolina

Q: Is it illegal for my children's father to file them on his taxes without a signed 8332 form from me, the mom?

My children's father has forged my name on 3 years of tax returns and for the last 2 years, he has filed our children, without my permission. I have asked him repeatedly not to do this. So my question is, can the non custodial parent be penalized for not having a signed form 8332 from the custodial parent? He even lied on his taxes that he filed this year and said that our children lived with him all year long and he gave me my children back on Thanksgiving, which is a complete lie. Please help.

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1 Lawyer Answer
Frank Huerta Jr
Frank Huerta Jr
Answered
  • Tax Law Lawyer
  • Fresno, CA

A: If your husband forged your name that is illegal. Unfortunately many non-custodial parents do not fill out the 8332 when they file. If you are entitled to claim the children you will likely have to paper file since the children's social security numbers have been used and you will not be able to file electronically if your ex filed first. You will then likely have to prove that the children lived with you most of the year and you provided for more than 50% of their expenses.

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