Saturday, March 15, 2014

My ex husband has filed for both of our children as dependents. He is the non custodial parent-can he be investigated?

Q:  Our divorce papers state I claim one child and he claims the other. For 9 years now we have stuck to the plan- he now claimed both. How does he get away with this?

A:  David's Answer:  No. You should immediately write him a letter requesting that he immediately amend his return. The IRS will likely red-flag both returns for an audit - you will ultimately be relieved of any penalty so long as the divorce decree is as you say it is. If he doesn't amend his return, you can file an application with the court for sanctions and/or counsel fees due to his breach of the agreement. Schedule a consult with a Family Law attorney in your area for more info.  -- David Bliven, Westchester Family Law attorney (

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