My husband claimed my daughter that isn't his on his taxes after weve been seperated for 4 months. Is that legal?

Morgan - posted on 02/10/2014 ( 4 moms have responded )




My husband that I'm in the process of divorcing claimed my oldest daughter that isn't his and myself on his taxes this year and got in deposited into a new account he made and took it all and spent it. We have been separated since November of 2013 and I haven't lived with him since. He did it out of spite because hes a low life. What can I do about this if anything at all?


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♫ Shawnn ♪♫♫ - posted on 02/11/2014




Well, according to IRS regulation, yes, that's perfectly legal. You lived together for 11 out of the 12 months of the year. He provided for you and your daughter, and any other children in the home for 11 of those 12 months.

Now, I'd have an issue with the separate account, and not spending the return wisely, but the legality of the issue is moot. You were living jointly for 11 of the 12 months.

Angela - posted on 02/11/2014




It rather depends if he stated on his form that the family were together as a unit for X amount of time but aren't together now.

If "DHS and the Tax company he used said that it was fraud on his part" can you not file a complaint to them that he's committed fraud? Or will this action possibly affect the financial maintenance and support you get from him for yourself and the children?

I'm British so I have no idea of how the laws are in your country.

Morgan - posted on 02/10/2014




Yes ma am it was. But ive been told by a few places that we had to be separated for 6 months out of the year to be able to do anything but them DHS and the Tax company he used said that it was fraud on his part and that he could be in trouble. but idk how to go about it

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