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?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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.

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.