Legal Question in Criminal Law in California

My step sister claimed my children on her tax return when she only had the kids for 4 months out of the year and i do not know how she got my childrens social security numbers. Is what she did illegal? Can i press charges?


Asked on 2/24/10, 10:34 pm

1 Answer from Attorneys
C. Coulter Mulvihill Cynthia Coulter Mulvihill, Esq.

A Custodial Parent is entitled to claim the children as a deduction on taxes. This is how the IRS defines a Custodial Parent, "The custodial parent is generally the parent with whom the child lived for the greater number of nights during the year."

If the person who the IRS defines as the noncustodial parents wants to take the children as a tax deduction, he or she must file an IRS Form 8332 (http://www.irs.gov/pub/irs-pdf/f8332.pdf) with his or her tax return.

You can still take the deduction yourself. You can report your sister to the IRS if you want to.

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Answered on 3/04/10, 6:18 pm


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