Originally Posted by irishmissy
#1;I just found out that my ex-husband (divorced in 2010) has been claiming my 20 year old son (NOT my ex 's child) as a dependent for the past three years.
#2;Only found out because when my son tried to file for a refund for the first time this year his return was denied due to someone else having claimed him as a dependent. How can I address this and how long should it take to resolve?
#1;in fact, aslongas he meets the requirements to claim your child as his dependent he can claim your child as QUALIFYING NON-RELATIVE if the child’s gross inocm ewas les than personal exemption in each year respectively and he lived with your ex the entire year each year and your ex supported more than 50% of your child ‘s total support.
#2;Your ex will receive tax bills from the IRS for the extra taxes that he owes as his returns were filed; since you are legally entitled to claim your child dependent, you need to write in to the IRS/ your state Tax Dept. urgently with supporting documents. The IRS will take care of the rest. They will revise your ex-spouse’s wrongful claims. IRS don’t take kindly to tax fraud and he could potentialy get some jail time. Later, you’d receive a letter requesting proof ie. school enrollment,custody agreement etc. At the same time the ex’d also receive the same letter. And they ‘d collect from the ex. This is fraud on his part, and he will have to answer to the IRS.