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Old 01-17-2011, 07:24 PM
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Ex claimed dependent when he knew he couldn't

My ex tried to go to hrblock and claim my son as a dependent, and they told him he could only do it if I signed a 8332. I told him no because he does not support or see them. He said fine I'll do it online, he is the definition of a deadbeat dad. My question is this: We have 2 kids. I know that i will be able to prove that he is not the custodial parent and Iwill get the money, but it will take awhile. Can I go ahead and file and claim my daughter and get that part of the refund, and then go after him for falsely claiming my son. Thank you for any input.



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Old 01-18-2011, 05:14 AM
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“Can I go ahead and file and claim my daughter and get that part of the refund, and then go after him for falsely claiming my son.”----->As you know, two people cannot claim the same child as a dependent in the same tax year. The IRS allows one exemption per dependent per year. If you discover an error after your return has been mailed, you may need to amend your return. You may file a 1040X for the tax return that you want to claim her as your dependent on your tax return. You'll need to file an amended state tax return as well. And with filing the 1040X and amended state return you will owe less tax, I guess, since you'll earn the dependent exemption. Then probably he must also file his amended return, too. REMEMBER; your amended refund return must be filed within 3 years of the date the original return was due, including any approved extensions, or within 2 years after the tax was paid, whichever is later. You also need to consider that it MAY cost you more than you think. ( as you need to pay tax preparation fees or etc.)



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