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So my ex and I broke up almost a year ago I finally moved on don’t bother her been doing my thing. She claimed both kids and spent all the money on herself bought a car after getting my car repoed and me having to scrape up money to get it back. I can’t believe she did this my question is what can I do about this if anything

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You need a good attorney and CPA. You also need to review your court ordered child support terms. Keep excellent records and bring them to your CPA and attorney. The IRS doesn't care about the breakup, they need records and proof.

She claimed both kids and spent all the money on herself bought a car after getting my car repoed and me having to scrape up money to get it back.
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Read up on tax info for non-custodial parents. If she had the children more days in the year than you did, then yes, I believe she is entitled to claim both kids. I don't get the part about your car being repossessed. Was she the one paying the car payments and stopped? Sounds like you need to concentrate more on getting a better paying job or by furthering your education or career training, or adding a part time job, if you're struggling to make car payments.

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My ex claimed head of household despite me having primary custody. The IRS initially tried to come after me but I sent them a copy of the custody agreement. They then went after my ex and he had to pay back the refund money.

 

I don't know if that info helps.

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So my ex and I . . .

 

Were you ever married? It sounds like not or this would've been outlined in your divorce decree. In some cases if there is a formal child support order it will be contained in that, and the child support paid (or I should say ordered) by the non-custodial parent is usually reduced in anticipation of the custodial parent being able to claim the kids at tax time and get the corresponding refund. In the case of no formal divorce decree or support order, whoever files first gets to claim the kids. It really is as simple as that. That's the IRS rules.

 

In either case, what she does with the money or doesn't do with it is not your business.

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This type of thing is typically ironed out in your divorce decree or if you weren’t married your child support order, in a way you are I correct by saying you ‘can’t believe’ she did that as being the primary caregiver (in assuming) she is the one expected to file them as her dependents, in fact even if you regularly pay child support if there is a deal where you say switch off on who gets to claim who each year she’d still have to sign off on a a legal tax form each time you did, there’s a reason why the question specifically asks who the child resided with for the year and who was financially responsible.

 

It really doesn’t sound like you two ironed out all these details, it may be time. If you are contributing 50% to their upbringing you’re entitled to the deduction.

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