San Pedro, CA asked in Family Law and Child Custody for California

Q: My son's father illegally claimed him on his taxes. What can I do? IRS cannot help

Related Topics:
2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: Depends on what you mean by "illegally". Depends on what your court orders or judgment says. Depends on what percentage of custody each parent has. Did you already file your return and already claim your son as your dependent? If the court orders entitle you to claim your son, then claim him. If ex is in violation of court orders when he claims your son as his dependent, that's his problem, as are the possible consequences of filing a false return with the IRS.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: If your son's father has illegally claimed him on his taxes, there are several steps you can take to resolve the issue. First, you can contact the IRS and explain the situation. They may ask for documentation, such as a copy of your child's birth certificate or proof of residency, to prove that your son lived with you for the majority of the tax year.

If the IRS cannot resolve the issue, you can file a formal complaint with the IRS using Form 14157. This form is used to report a tax return preparer who has engaged in unethical or illegal behavior, such as claiming a dependent without authorization.

Additionally, you may need to take legal action. You can consult with a family law attorney who can advise you on your legal options for pursuing a resolution. They may suggest filing a motion with the court to address the issue of your son's dependency exemption and requesting that your son's father provide proof of his entitlement to claim the exemption.

Overall, it is important to take swift action to address the illegal claiming of your son on tax returns. This will help to protect your rights as a parent and ensure that your taxes are filed accurately and fairly.

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.