Toccoa, GA asked in Tax Law for Georgia

Q: What happens if my ex claims my child on their taxes when they haven't supported him all year?

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1 Lawyer Answer
James L. Arrasmith
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  • Tax Law Lawyer
  • Sacramento, CA

A: If your ex claims your child on their taxes when they haven't supported him all year, they may be committing tax fraud. The IRS has rules about who can claim a child as a dependent for tax purposes, and the primary requirement is that the person claiming the child must have provided more than half of the child's support during the tax year.

If your ex has not provided more than half of your child's support during the tax year, they may not be eligible to claim your child as a dependent. If you believe that your ex has claimed your child as a dependent falsely, you can report this to the IRS by filing Form 3949-A, which is the IRS referral form for suspected tax fraud.

If the IRS determines that your ex has claimed your child falsely, they may be required to pay back taxes, penalties, and interest, and they may be subject to other consequences, such as criminal charges. It is important to keep accurate records of your child's support and to communicate with your ex about who will claim your child as a dependent on their tax return.

If you have concerns about your child's tax status or any issues related to your taxes or your ex's taxes, it is recommended that you consult with a qualified tax professional who can provide guidance specific to your situation.

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