Irvington, NJ asked in Tax Law for New Jersey

Q: Can I file against someone for falsely claiming my child as their dependent? Can I file against a noncustodial parent?

I have sole custody of my children. My children’s father is not active in their lives and haven’t been for years. I have court documents stating I have sole custody as well as a full restraining order. They reside with me and do not have any contact with the father. However, every year he attempts to claim them as his dependents. I was rejected today by the IRS to claim my son because he was claimed. He has no authority to claim them at this point.

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1 Lawyer Answer
Linda Simmons Campbell
Linda Simmons Campbell
  • Tax Law Lawyer
  • Burlington, CT

A: You can file a paper tax return and include a letter stating that you have sole custody of the children. The IRS will investigate and get back to you. If taxes were addressed in your divorce agreement and you were given the right to claim them then you can take him back to court for violating the agreement.

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