Dayton, OH asked in Tax Law for Ohio

Q: I have court order that says I can clean my son on taxes, but my ex claimed him this year

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

A: If you have a court order granting you the right to claim your son on your taxes, but your ex has already claimed him for the year, you should still file your taxes accurately according to the court order. If you are filing electronically and the IRS system rejects your return because your son's Social Security number has already been used, you will need to file a paper return instead. Attach a copy of the court order to your tax return to support your claim.

After you submit your paper return, the IRS will likely review both claims to determine which parent has the right to claim the child as a dependent. This process can take some time, and the IRS may request additional documentation from both you and your ex to make a determination. It's important to respond promptly to any requests from the IRS for information.

In the meantime, consider reaching out to your ex to discuss the situation, if possible. Remind them of the court order and the legal obligation to follow it. If your ex refuses to amend their tax return, it may be necessary to seek legal advice on how to enforce the court order. A tax professional or attorney can provide guidance on your next steps and how to ensure you are compliant with tax laws while resolving this issue.

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