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What legal action can I take after my daughter's dad for filing her on his tax return without my permission?

Milwaukee, WI |

I recently learned my taxes we're rejected due to my daughter's dad filing her without my permission. He did the exact same thing last year when he stole her social security number after a nasty break up. I took my daughter off my return and filed only with our eldest child due to me needing the money, but I will like to know what I can do to either get my credit for my daughter or just to not let him get away with this! I have sole primary custody and he is ordered to only $73.85 every two weeks in child support.

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Attorney answers 4


If you have primary custody (sole), he should not be claiming the children at issue. If you would like me to intervene on your behalf, please call me at 262-789-2741 and we can schedule an appointment to meet.

Thank you, and I'm sorry for what you've been forced to endure.


File a motion for contempt if he doesn't have a court order allowing him to do so if you have primary placement. Ask the court to make him amend his tax returns or to pay you what your refund would have been if he hadn't improperly claimed her.

In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.


As far as obtaining additional tax benefits from your dependant daughter from the IRS, you would have to deal directly with the IRS. It could be a long process to claim your daughter once the father already claimed her. The court order does not necessarily order the IRS, however, the IRS will take that important issue into consideration. The issue of addressing the court would be a separate issue than the IRS. An attorney will be able to assist you. Dont listen to the advice of 'friends or a freind of a friend' whos brother works for the IRS.


Filing a motion for contempt is your best bet.

Our firm handles this type of law. Feel free to call to discuss further.

Attorney Laura A. Stack
633 W. Wisconsin Ave.
Suite 304
Milwaukee, WI 53203
Tel: (414) 272-1005
Fax: (414) 272-1049