Legal Question in Family Law in Texas
Non-custodial parent is deducting child on taxes without my consent?
My ex, who was never my husband (as he was currently married for 17 yrs (without my knowledge) when our daughter, age 10, was conceived) and has always had a problem with being truthful in his personal & business matters, has just informed me that he has been claiming our daughter on his IRS tax forms for the past 10 yrs. I, the custodial parent have claimed her on my taxes since she has always lived with me (& attended school here in my hometown), & now with my new husband (of 3 years) and we've always provided more than 50% of her support & maintenance.
The ex is self-employed (doing a very profitable �cash business� both here and abroad) but very very rarely sees the child and only pays $425 a month (per a 2005 Court Order based on his �proof� that he made only minimum wage) when he makes substantially more. He & the wife (that stayed with him) lived then and now in a $200K home.
My question is can he now or could he in the past deduct her on his taxes without my prior consent, when the court order mentions nothing of it, as we were never married?
Not to mention the fact that he hardly ever even sees her?
Thank you in advance for your timely advice as it is tax season once again,
T in Texas
1 Answer from Attorneys
Re: Non-custodial parent is deducting child on taxes without my consent?
This is really an IRS issue. If you both have been claiming the child as a deduction, I'm very surprised the IRS hasn't caught it. They're pretty good at catching things like that. If you and he have both been taking her as a deduction, don't be surprised if the IRS comes to you and wants proof that she has lived with you.
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