All are right. FIle anyhow, let the IRS work out the details. HE will have to prove that the kids lived with HIM or that he provided OVER half of their care. You will both be audited for the 2010 tax year. He may end up having to pay you the amount he received back from the IRS( if you end up taking it to court).
I have been dealing with this since January with many calls to the IRS and they told me that in the end they (IRS) have final say in taxes, not a court. As long as you don't sign any paper giving up your rights! If you did not sign a paper stating that you give him permission then he is breaking a BIG law and could face jail time for fraud.
Ladyrb - there's also the Injured Spouse paperwork - you can find it on IRS.gov. If the Flea has been signing your name, yes, that is forgery. Good luck with the pursuit of justice...LOL!
I asked Jerk to file jointly and he never got back to me. So I went and filed and took everything I could. Was he ever P***ed! So he e-mailed me and asked if I didn't think it would be "fair" that we each claimed 1 child from here on out. I threw his favorite word, 'entitled', back in his face. I told him that as I understood the law I was 'entitled' to claim both children. I suspect it's not over yet, but it felt good. Had he gotten his act together we could have filed jointly. Dumba$$
- Taxation issues could be a complicated part of divorce that could further add to the all the psychological, emotional and financial burden that each of the divorcing party goes through. It's definitely an advantage that you know your rights.
Here's one site I happened to come across with that contains some significant information about taxation in relation to Taxation and Divorce I certainly hope this would help.
I wanted to provide an update on the tax situation. As I mentioned earlier, when filing electronically on the 18th failed I mailed the forms in thru regular mail that evening still claiming my two children. I spoke with an accountant 2 days later who told me that since I mailed the forms in by the due date I now have 3 yrs to file an amended return. Also, she said just let the IRS find the problem and they will sort it out. The fact that i was the major bread winner last year means that I had the right to file as Head of Household meaning I had the right to claim both children not him. I guess we'll see what the IRS says.