By fuckmylifeLulu - United States
Today, I filed my taxes. As a divorcée with children, I was supposed to get $3,500 back from the IRS. Alas, my ex's new wife already filed with my children, who don't live with her. I now owe the IRS $250. FML
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Had that happen to me. Proof has to be shown that the kids lived with her. When she cannot provide proof and you can she will be paying out the ass in penalties. I got my money back and my ex had to pay back almost double what she had gotten due to fines.

  FireFlie07  |  20

Report it to the IRS and file a form1040X. Trust me the IRS WILL correct it. They don't want to pay a fraudulent tax filing. Also if it was agreed upon that you claim the children in the divorce decree you can take her and your ex to both family court and federal court. Good luck :)

  hockeyrocks39  |  0

I'm sure it is... most divorce w/children decrees stipulate who gets to claim the kids. ex. Mother claims children odd years. I would write the IRS and send appropriate paper work, if OP does have it in writing. If not OP's screwed!

  fruitloop1221  |  1

actually no. I just went through all of this and Apparently if they are married and are his kids then he can file for them whenever. yes if it's in the divorce papers that he old gets such and such years then she might have something but the cost for a lawyer is going to be twice what she owes. and if the ex and new wife file together then technically they can be her kids and they will get the money. the IRS doesn't really give a crap.

  boots73  |  2

technically if the kids do not live with the father and his new wife then no only the mother can claim them unless otherwise specified in divorce papers

  mudkipsan  |  19

Everybody is mostly right.

1) The parent the kids live with more than 50% of the time gets to claim them
2) Unless there is a divorce agreement that says otherwise
3) Fun exception: If child support is higher than the recipient's income, the non-custodial parent can claim the children as dependents.
4) This often results in a shitstorm

  MissFukMyLuck  |  0

I just got a divorce, I was lucky enough to talk my dunce x husband into letting me claim our son every year, now usually if the parent paying child support continues to pay the divorce decree will state that in even years the mother claims the children, in odd, the father.

  jessyrob  |  0

it is fraud. call the IRS and the ex and new Cunt will get into trouble and have to pay the IRS and u back as well. then take them back to court and explain it to the judge and punish them both. lol I know it works I've done it. cuz my ex did the exact same thing to me.

  Andicc  |  19

The only ones legally allowed to claim the kids on taxes unless there is another arrangement in the divorce, is whoever the children reside with 60 percent of the time.

  at1325  |  0

does your parents jobs take out tax out if every check or is that what is calculated they owe in lump sum when they file? either way, sounds like they must make a lot of money

  cldean24  |  4

158 Is English not your first language, or do you just not proof read at all?