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Ex gets to claim the kids for taxes. I think he's hiding income & not taking the deduction or just not filing. What can I do?

Torrance, CA |

My ex told me he doesn't have my sons SS#'s and I pointed out it would be on his taxes since he gets to declare them. He says he doesn't have it and works in construction & gets pd cash frequently. I think he isn't claiming all his income or the exemptions. Can I report him to the court? Can I revise prior years taxes when he didn't take them as dependents and claim them myself? Can I have support revised based on his tax returns?

Attorney Answers 4


Your questions are best answered by a divorce attorney, and the family law court that awarded you custody.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mr. Smith is licensed to practice law throughout the state of California with offices in Los Angeles County. He is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. His phone number is 323-292-4116 or his email address is

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You ask the court if you can claim them and then file amended returns.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.

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To report him to the court you have to make a motion for a hearing, and present evidence of your claims. Generally you cannot revise prior years taxes because he was granted the deduction. If you make a motion for a hearing, you can ask the court to revise the support based on evidence but not hunches.

Disclaimer of California Attorney. Laws differ from state to state. Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. Good Luck starts with a strategy and a plan. Robert J. Suhajda, MS,CPA Attorney-At-Law 17721 Norwalk Blvd. #43 Artesia, CA 90701 562-924-8922 Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.

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Is there a way he can be forced to provide his returns and then they can be used as evidence?


You can request an agreement from your x spouse and amend your taxes accordingly. The tax savings from claiming a child can be substantial.

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