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

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.

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.