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Submitted 360 days ago...

Emily2001

Emily2001

New User (1)

Children & who can claim them?

My husband has custody in Pennsylvania of his two children. His ex girlfriend is telling him that she has the right to claim them this tax year. The old court paperwork states that tax year 2007 she can claim them starting that year & every 3rd year. That paperwork was from the Az Courts & now my husband has PA court custdody paperwork & it says nothing about claiming children.a few friends that have custody of their children & they said in PA if the children live with you there the ones that claim them. The non costodial parent lives is AZ and doesn't see her kids at all. So it my husband the one who can claim the kids? Is the AZ paperwork not matter because he has newer PA custody paperwork & if she claims them after we claim them what would happen? She has wrongfully claimed them in the past & we waited months before we got our return. Does it always have to be a race to see who claims them first or can she get fined or something?

 
 
 
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Answer 1 / 2

Submitted 356 days ago...

CindyR

CindyR

Beginner (64)

I should think that your most recent PA order would over ride the AZ order regarding custody and tax exemption issues...send the IRS a copy of your court order stating that you have custody when you file your taxes, if she has already claimed then, make them aware of the fact that she has filed a false claim and she should have to file an amended return not only this year, but previous years when they have lived with your husband. She could (and should) be fined and penalized by the IRS for this.. regretfully, its first come, first serve until she is caught and punished, you will have to most likely wait again this year until its straightened out.. Check with your tax preparer and inform them of this when you go in, also if you have her SS# you could possibly check with the IRS to see if she has filed yet...

 

Answer 2 / 2

Submitted 356 days ago...

krystle05

krystle05

Beginner (33)

I agree with CindyR but at the same time, she is paying child support too, so they may keep letting her claim them every 3rd year. or in some cases when there is more than one child, they will split them. one parent claims one child and the other claims the other. it just depends on the situation. on the other hand, if she is behind on her child support and she claims the children, her return should go to your husband anyway as back child support.

 
 

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