IRS Probem

[gecox]

After being divorced for many years and having joint custody, but not having custodial rights. My ex-wide finally agreed to let me have custodial rights to my then 12 yr old son. After negotiations our agreement was he would live with me , I would no longer pay her any child support and in return she would not have to pay any child support at all because at the time she was unemployeed. We had our original divorce decree modified through the county courthouse with all these changes.  The one thing I failed to document was that she could no longer be able to claim my son as a dependent. So after 1 1/2  years of my son living with my new family we recently were informed by the IRS that our last years tax return was being rejected for falsely claiming three children. Not only is the IRS not allowing my son from my 1st marriage they are not recognizing my other children. I've had to provide birth certificates,  school records ,copies of cancelled checks for daycare , mortgage payments and utility bills to prove that my children are real. On top of everything my ex-wife still believes she has the right to claim him on this years tax return.  The IRS has already informed me to expect to be audited again next year,no matter what the outcome is this year. There has not been any decision from the IRS as of right now.

Has anyone else been through this ordeal?

[Kitty C.]

You have e-mail............

[olanna]

Yes. I have had that problem. After providing them with socials and birth certs, they said they needed more.  So I sent them shot records and school report cards.

Never heard another word.

[awakenlynn]

My sister and friend have this problem.  Two ways to look at this:

Usually if its not listed, like for them, the IRS will take whichever return comes in first.  So if you get yours in Feb 1st (and send ALL the documentation along with a copy of EXACTLY what they sent--in case they lose anything); then the IRS will accept your return and audit her's

2nd though.  In some places, if a new court order does not cover an issue, an earlier order that it is discussed in will still apply until a later order overturns or negates it.  

Depends on the state, what the orders all say and what the IRS will look at.  My sister told her husband's ex that they already filed, and the ex didn't even try to use the kids.  My friend did file first with the kids and her husband's ex is the one that got audited since it came in second.