What Happens If Both Parents In A Divorce Claim Their Kids On Their Taxes?
December 18th, 2009 by admin | Filed under divorce.If the IRS has prosessed the tax returns of one parrent and the other tries to claim them. will the IRS enforce the divorce decree, OR will it be considered a civil matter that the 2nd parrent would have to pursue in court.
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In my case, the nice lady from the IRS called.
I sent them proof that I was the “Legal Custodial Parent”.
They said “thank you very much.”
About a month later my ex was sent a bill that she was none to happy about…from what I hear.
The second parent will have to pursue this via US mail with the IRS. Then the IRS will decide.
They will both be required to prove the right to claim the children and the IRS will decide. Then one will be forced to return the $ resulting from the illegal claim.
only the parent that has physical custody (awarded by the courts in the divorce degree )can claim the child or children the other who claims is defrauding he US federal Gov and subject to criminal prosecution
The IRS will decide who gets the deduction.
Its called jail!