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My husband left our marriage approximately two years ago and i have not spoken to him.

Wenatchee, WA |

I am in the process of divorcing him and I realized this year he claimed me on his tax return.
I tried to file married, filing separate, but my tax return got rejected and told me it was because someone had already claimed me. He has not been in the picture for nearly two years and I needed the money for school which he now basically has now stolen. What can i do?

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Attorney answers 4

Posted

Go to the IRS office and show them he lied. I would not waste the time to talk to the bastard either.

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

Posted

If you have a family law attorney, my suggestion is that you contact him/her and he/she can address the issue as part of your divorce case. If you don't have a family law attorney, you might want to contact an accountant who can advise you on how to proceed with respect to the IRS. Good luck.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

Posted

This is an issue that can be addressed by the court during the divorce. If the court rules that he should not have claimed you, the IRS will normally honor the state order and give the credit to you. See my AVVO Legal Guides on divorce for more information. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.”

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Posted

He claimed you or he claimed a child you guys have in common? You can't claim your wife on a tax return.

I'm guessing he may have filed single and claimed you? I have no idea how else he could have handled it. Your tax return is getting rejected because they handle that electronically and your social security number is associated with another tax return. You'll have to file correctly and mail your tax return. The IRS will sort it out eventually it just makes filing electronically impossible.

If he claimed a child of yours without a court order and he's not paying child support then you should go to court.

Good luck. If you have the funds available you should hire an attorney to address the issues as they are frustrating but if you're waiting for money for school that might not be possible.

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