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Question: tax question: my ex and i both claimed our son on our 2008 taxes?
the 2007 court papers said it was my turn. i e filed myself on lin jan16 and claimed him.on jan 22 my ex filed at h&r block and claimed our son even though it wasnt his turn. he was called back to h&r block and told him that our son was already claimed. he said he had court papers to prove it was his turn. he took the old court papers, 2002 that said it was his turn.
now he got to claim it and my refund went from processing to nothing available
i called him and he said he didnt care and that he has the money and that he used the old court papers to get what he wanted and that there is nothing i can do for 6 months
any advice? i know i need to contact the irs but can i go to h&r block and show them that they were given the wrong court papers? i did not use them to file my taxes this year
Answer: Dear K: If you are the custodial parent your only option now is to mail in your return with a copy of the current court papers and the IRS will give you your refund and go back to your ex and collect what he was not entitled to receive. Make sure the current date and judges signature show on the papers you send. Unfortunately once a return has been filed and accepted it is gone for good. If you are established as the custodial parent your husband can not claim your son with out a signed form 8332.
This will take some time.
This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts that you provide. Click on my profile to read more.
Errol Quinn Enrolled Agent Master Tax Advisor
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