Dear Attorneys,
My ex and I share custody of our two kids. Our agreement says we alternate claiming both kids on our taxes each year. This year was my year, but I just found out my ex already filed and claimed both kids anyway. Now my return is getting rejected when I try to submit it online. What am I supposed to do?
– Beat to the Refund
Dear Beat to the Refund,
Ah, yes, nothing says “co-parenting harmony” like a surprise from the IRS! The reality is that the IRS doesn’t check your divorce agreement before accepting a tax return. It simply processes the first return filed using the children’s Social Security numbers. So if your ex filed first, your return will likely be rejected, even if your agreement clearly says it’s your year.
But don’t panic. You are not out of options. Always check with your accountant first before determining the strategy that is best for you, but you still need to file your tax return. In theory, you can still claim your children, but it would need to be via a paper return because the website will not accept it as an e-filed return since you would be using the same Social Security numbers for the children, and the website knows that they were already claimed.
Once both returns are in, the IRS may still reject yours, or, it could request documentation from one or both of you. The IRS is also entitled to apply its own rules to determine who is entitled to the dependency exemption and related credits. Spoiler alert: the IRS generally focuses heavily on where the children actually lived, not just what your agreement says.
Even though the IRS doesn’t enforce family court orders, Connecticut courts do. If your agreement clearly gives you the right to claim the children this year, your ex may be in violation of a court order, which means that you may have the option to file a post-judgment motion for contempt as a remedy.
If you’re contemplating a post-judgment action to modify your underlying divorce agreement, a consultation can help you understand your options before making a decision that feels irreversible. Ever Argue with a Woman? Call Wolf & Shore Law Group at 203.745.3151 to schedule a virtual consultation today.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
