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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
