I have full custody of my son and his father has not seen him in 5yrs. i just found out he is trying to claim him on his taxes for his refund. Can he do that without my consent?
Answer:He can try, but all you need to do is call the IRS (easy to look up the number) let them know, they will re-figure his taxes without your son as a dependent, and then you are free to claim your son. They may want you to include some type of proof of custody, but that's easy enough.
I know this happened to me, very easy to resolve. This will also alert the IRS for future years and keep from trying to get away with this again.
Answer:thanks to everyone all of your answers helped!
Answer:Not likely, especially if you are providing the majority of your son's support (most likely, since he's living with you). If your ex already filed, IRS computers will probably reject your electronic filing. Give it a try anyhow. When you get rejected, you have to send a paper return. Attach a statement briefly stating what you just wrote here. No long stories. Just state that you have sole custody and you provide all or most of the support. Your husband will get a $912.25 bill from the IRS and, possibly, a fraud charge and penalties.
Answer:do not worry about his tax return. just file your taxes and claim your son. IRS will see that the child is being claimed by the both of you and they will see that you have the right to claim your child because he lives with you and not the father. He will get audited by IRS. So no worries.
Answer:Nope, only the custodial parent can claim the child unless you give him permission by filling out a 8332.
Answer:If he provided at least half of his financial support last year he can claim him as long as you have not claimed him on your tax return.