For the past four years father has claimed our son on his taxes without my permission?

Question

I have just learned that because he was never current on child support, that I can amend taxes...What can I do and where?

Answer 1

if you are sole custody and prove that your child lived with you most of the time, then you can.  you will need to get with your tax accountant or lawyer to help you with this.

Answer 2

The IRS doesn't care about child support.  It cares about legal documents and release forms.

If you signed a form 8332 or a divorce decree that granted the release *unconditionally* (that means it couldn't have any language about being current on child support), then you are out of luck.  Your ex was to attach a copy of the form/decree to the tax return and you can't overturn it.

Answer 3

Unless you claimed the child on your return, it is perfectly legal for the father to claim the child as an exemption.

If you are going to file an amended return and claim the child the IRS will contact him and have him prove his right to claim the child.  (An order of the court permitting him to claim the child as a tax dependent).  If he cannot provide such proof, the IRS will permit you, the custodial parent, to have the exemption for the child.

Good luck.