Filed taxes today and surprise!

[devilman13]

So I filed my taxes today like I have for the past 4 yrs since my divorce and expect a refund of around $1500. Well later today my tax preparer called back and told me my ex claimed earn income on one of my kids and now I have to file an appeal. Our divorce papers state that I claim my younger son and she claims the older for dependents BUT I have primary custody of both which from what I understand I get the EIC for them. I filed head of household with 2 dependents (me and my younger son) and this is in Tennessee. Am I correct in this situation?

Thanks

[Groundhogday]

If you are the custodial parent (have the kids > 50% of the time), then head of household, EIC, and day care tax credits are yours and yours alone. The only thing the non-custodial parent gets is the deduction if you granted that per your divorce agreement or for more recent divorces, Form 8332.

[CCR]

Your ex claimed H of H, when she should have claimed single with 1 dependent. Only the CP can claim H of H in your described situation.

[kmich91262]

If you are the custodial parent (have the kids > 50% of the time), then head of household, EIC, and day care tax credits are yours and yours alone. The only thing the non-custodial parent gets is the deduction if you granted that per your divorce agreement or for more recent divorces, Form 8332.

The above is partial correct. The IRS determines definies the custodial parent by who has the child/ren the majority of the overnights in a calendar year. So for example even though we have 50/50 and the court order states uberNJ is the CP, I've had the majority of the overnights the 4 calendar years (thus the IRS defines me as the CP) I get to claim head of household, EIC (if I was eligible, and other benefits as defined in IRS Pub. 501. So there is a difference...not to get it mixed up with the tax exemption that can be defined in the court order.

[Groundhogday]

If you are the custodial parent (have the kids > 50% of the time), then head of household, EIC, and day care tax credits are yours and yours alone. The only thing the non-custodial parent gets is the deduction if you granted that per your divorce agreement or for more recent divorces, Form 8332.

The above is partial correct. The IRS determines definies the custodial parent by who has the child/ren the majority of the overnights in a calendar year. So for example even though we have 50/50 and the court order states uberNJ is the CP, I've had the majority of the overnights the 4 calendar years (thus the IRS defines me as the CP) I get to claim head of household, EIC (if I was eligible, and other benefits as defined in IRS Pub. 501. So there is a difference...not to get it mixed up with the tax exemption that can be defined in the court order.

That was what I meant by custodial parent. Per IRS the one that has the kids the most overnights. I guess sometimes the state designated custodial parent isn't always the IRS custodial parent though I'm guessing that is somewhat tricky to document.

[newwife]

You can still file your taxes as is.
You just can't e-file your taxes.

[spine]

My ex does this every year....wondering when the IRS will catch up with her?

File using hard copies and include the relevant pages of your decree. It will take longer but the IRS has always given me the stated refund.