Tax Return

Updated on April 01, 2010
B.K. asks from Chicago, IL
10 answers

How do I prevent my ex-boyfriend from claiming our 2 yr. old son as dependent on his income tax return? We have not lived together for 2 years, he filed taxes claiming him last year promising me that he'll contribute a part of the $5,000 he received to open a savings account (College Fund) for our son. He has not given me a penny to open the account and he won't do it himself either. I do not have to file taxes because I'm on SS disability due to a back injury. I found out my ex still uses my address and has the mail forwarded to a PO Box so I don't know about it. He will not tell me where he lives either. So in short he is a sneaky snake and I do not want him to get any money for my son as I am the sole caretaker and he gives me $100 a week for child support and that's like pulling teeth. When I went to file for a child support order I was informed I have to have his actual address and it'll cost me $375, which I don't have. I only tolerate the man because of our son, he is a total loser. And this is only a short story guys. Thank you for your advise or comments, I appreciate them. Bernie

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K.G.

answers from Fort Wayne on

report him to the irs also get your taxes done right away dont wait and claim him first. also report him to the post office its fraudulent for using an incorrect address.

I do not agree with chyanne d you are the one on disability and as for opening an account for college you'll never see a dime. If it does in fact cost you 375 to file for child support (it should not) then save a bit from his weekly pay you get. You have to get court ordered sole custody. If he is working they should have correct address and the state should be able to get that info. Good luck

3 moms found this helpful
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C.D.

answers from Washington DC on

Unfortunately, since he pays half or over half of the childs support, he is entitled to claim him on his taxes, especially since you do not. Why should he give you a penny? If he is opening the account for your son, then you don't need to see it as long as he is paying his support. I have bank accounts for my grandchildren and their own parents don't have the right to see what's in them. Also, unfortunately, you don't have to know his whereabouts to receive child support. As long as the state knows that he's paying, they at least know where he works.

2 moms found this helpful
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A.C.

answers from Houston on

If you haven't already, you need to take him to court to get a custody and child support order. In most states, this process dictates who gets to claim the child on their tax return/receives tax nevefits..and will ensure that you receive all the support to which you are entitled. Depending on his income, $100 a week isn't necessarily out of line (I don't know the calculation in IL).

If you can't afford an attorney, contact the Attorney General in your state and inquire as to what sort of assistance they have available.

2 moms found this helpful

T.F.

answers from Dallas on

I'd say........if you have ALL of your facts straight ( with any and all paperwork)...... contact the IRS and let them know what is going on.

If he is commiting fraud in any way..they can see that. I don't understand why he has a "fake" address. NAIL HIM

2 moms found this helpful
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S.H.

answers from Honolulu on

Is your Ex-boyfriend's name on his birth certificate... does your son have HIS last name? Hopefully not.

Next, if your Ex-boyfriend is lying on his taxes ... this is fraud. He is also using your address, does not tell where he lives, he is claiming your son on his taxes and does not live with you nor are you both married...

Keep in mind, that the IRS.... asks good citizens to turn in any liars and people committing fraud on their taxes. They actually ask people to turn in people who cheat on their taxes etc.

I would, make sure you have FULL custody. You just said you are the sole caretaker.... but is that CUSTODY... by law, by the courts?????????

My friend has an Ex... who does not tell her where he lives either and he lies and they have kids together and he is all very very suspicious.

For you, I would... turn your Ex into the IRS.
Give them his name... THEY will have his SS number... and other things... if he is working, they must have his address as well and W-4 information as well... since all employers turn in this info to the IRS.

You have to do something... he is committing crimes...
what if he takes it further... and starts identity theft or what ever?
Or, puts your name on things/accounts he opens???

You have to end this... and I would, turn him in to the IRS.

He's a jerk and you said you only tolerate him because of your son. Well... he is not being a "Dad" and I would not want a loser-jerk like that in my child's life.

All the best,
Susan

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S.B.

answers from Kansas City on

If you've already claimed the kid, he should get an error when he tries to file his taxes, as most do it electronically. I work at a CPA firm, and we got an error last year on one client's when her ex tried to claim one of the kids, but the kid was filing for himself. If you cant take him to court (which you should about the child support, whether or not he opens an acct for the kid) it would be better and you can mention that he's claiming the kid even though you have custody and provide most of his care.

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P.W.

answers from New York on

Simple..report him. You are the sole care taker.

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A.C.

answers from Seattle on

If you go through the state child support office you do not have to pay anything. I did this in TX and ex lived in WA and I don't believe I had an address but can't remember for sure. They set up support and custody.

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S.B.

answers from Redding on

At least in California, it doesn't matter if you HAVE to file taxes, you should do it anyway.
If you have papers showing that you are the custodial parent, (meaning you have him more than 50% of the time) that's all you need to show the IRS. If you don't have a child support order, get one! If you go through the state child support office, it should cost you nothing.
He will have to prove he pays more than half for the child or has him more than half. Make him prove it. Get a support order!
Talk to the IRS.
My ex husband got busted by the IRS for claiming our son and I found out because they audited ME for filing. I had all my paperwork in order and he was committing FRAUD. They don't take that lightly.
Call the toll free IRS number and talk to someone. He will easily get away with this because you aren't filing. It doesn't matter if you get nothing back, still file.
You do not have to have his address for a child support order either.
You need some advice. Contact legal aide or the department of child support services in your county. Do it now.

Best wishes.

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J.C.

answers from Chicago on

you can still file taxes to claim your daughter for the EIC even if you dont file taxes & in IL if the child lives with you more than 50% then you get to claim her even if he pays child support ......in the future file taxes ASAP so he cant claim her first

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