Q: What can i do?
I have two kids 17, and 18. I am divorced, my ex and I have 50/50 custody. My house is the kids primary residence. My kids are both in school and live at home. We have an agreement that we each claim one child when filing out taxes. She claimed both this year. She claims it's her right, because she pays their health insurance. But she is legally required to pay the insurance per out divorce agreement, so it's really not a valid reason. What can I do?
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A:
If you and your ex-spouse have a written agreement regarding claiming your children as dependents for tax purposes, and your ex-spouse violated that agreement by claiming both children, you may be able to resolve the issue by taking the following steps:
Talk to your ex-spouse: Start by discussing the situation with your ex-spouse and remind her of your agreement. Explain that claiming both children is a violation of that agreement and ask her to amend her tax return.
File your own tax return: Even if your ex-spouse claimed both children, you can still file your own tax return claiming one of the children as a dependent. However, if both you and your ex-spouse claim the same child as a dependent, the IRS may ask for additional information to determine which parent is entitled to the exemption.
Contact the IRS: If your ex-spouse refuses to amend her tax return and you believe she is not entitled to claim both children, you can contact the IRS and provide documentation to support your claim that she is not entitled to the exemption. The IRS may investigate the matter and make a determination about who is entitled to claim the dependent exemption.
Seek legal help: If you are unable to resolve the issue with your ex-spouse or the IRS, you may need to seek the assistance of a family law attorney who can help you enforce your agreement and protect your rights.
It is important to note that claiming a child as a dependent without the legal right to do so can result in serious consequences, including penalties and interest charges, and even legal action. It is always best to resolve any disputes related to claiming dependents as quickly and amicably as possible.
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