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You are here: Experts > Business > Corporate Law > Tax Law (Questions About Taxes) > Claiming a dependent after a divorce.
Expert: Helen P. O`Planick, EA
Date: 9/11/2008
Subject: Claiming a dependent after a divorce.
Question
QUESTION: My ex husband and I were separated in the middle of June, 2007. I have sole custody of three children from another marriage. The children and I left to live with my parents at that time. In January, I filed taxes married filing separately, and claimed my children. I did not claim any medical expenses or anything further, as my parents were supporting us and I worked on the farm to help them as I attended school. I was awarded financial aid and have since accepted it to continue with my schooling.
Today, my ex emailed to state that he was filing taxes for last year and claiming myself and the children as his dependents. He claims that he can do this? Is this a valid claim?
Help!
Teresa
ANSWER: No, he can't do it. And don't worry. Since you have already filed, the IRS will reject his claim.
Helen, EA in PA
---------- FOLLOW-UP ----------
QUESTION: Here is what he told me in the email this morning:
First I would like some cooperation on filing my income tax return for 2007. I've extended it and have got to finalize it this month. I need some medical records that I can't get because of privacy laws and refusal by medical companies to give them to me since you were on a separate policy. I'd have to get these figures from you.
Second, I am wanting to claim you and the kids as dependants on my 2007 return as I can legally do because you did live with me into July of 2007 and I have bank records to prove it. If I do this without your cooperation which I can, we will both get audited by the IRS and there would be some hostility. I will pay you for any benefits you would lose and even get a 3rd party to hold the money for you until the transaction is done. I'll make sure you are compensated if you cooperate. I'm meeting with my accountant tomorrow and will have more info later.
What is my response?
THANK YOU!!!
Answer
Well, I would say "screw you", but I don't know if you want to be that bold.
You WILL not get audited and if you do, you are still in the right. The kids live with you. And he cannot claim you as a dependent on his return, ever.
Don't fall for this Teresa, he sounds like a bully.
If you don't want to be that bold, just tell him that you have already filed and you are not changing it. Tell him you filed correctly within tax law and after a consultation with an Enrolled Agent, he is SOL.
Good luck and let me know if you need any more help.
Helen, EA in PA
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