Shannon G asked:
I have 2 children and a court order that expressly states that I am only to claim one of the children and my ex-spouse is to claim the other child. Will I be fined or penalized for claiming both of the children on my taxes because of the binding court order?
Caffeinated Content for WordPress
No Tags
I have 2 children and a court order that expressly states that I am only to claim one of the children and my ex-spouse is to claim the other child. Will I be fined or penalized for claiming both of the children on my taxes because of the binding court order?
Caffeinated Content for WordPress
yes - if/when you get caught. careful with this one, you’ll get fined by the IRS and the court could order you to pay your ex the credit you got on your taxes for the 2nd child. why would you even try to play the system anyway? play by the rules and you’ll be just fine.
Claiming deductions is described clearly in IRS Publication 503, however that is superceded by the court order in this case.
Yes, the IRS will take exception of both you and your ex claim the same child. And the court will have something to say about it, too.
If the court order is valid, then yes, you have to follow it, and will be penalized by the IRS if you claim a child you are not entitled to claim and your ex claims the same child, besides having to pay back whatever taxes you “saved” by claiming that child..