When tax season comes around, and I file my taxes claiming my daughter and son who live with me (Im the custodial parent) and he files them too....Do I get in trouble or does he get in trouble? I read on the IRS website that whoever the custodial parent is of the children have rights to claim dependants. It is not on our divorce decree that he has any right whatsoever...nor Did I fill out anything stating so. Should I just go ahead and file my taxes this year claiming my children and if he claims them too just let him get in trouble? The EX has both kids SS# and if he gets his w2s before I do he can claim them before I do. I dont know how to go about this. Any advice would be GREATLY appreciated. ThanksSo should I just go ahead and file on my own? And how exactly does the IRS investigate? How will they know that Im the custodial parent and he isnt? - I do not want him claiming either children. So Im not going to waive my right to it. Im just stating I havent given him permission to do so and if he does obviously he could be charged with tax fraud and have to pay it back
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