thats illegal and there is a reward called a whistle blower reward to report all fraud do it and you get your return plus some

CALL THE IRS!! Seriously. We had the same thing happen to us, only the other way around - my stepdaughter lives with me & her dad, and her biomom (i.e., the worthless, abusive, non-child-support-paying egg donor) claimed my SD on her taxes first. The IRS reps told us to file ours on paper (NOT electronically - it will not go through) & send it in by snail mail. We got our full refund (twice now). The IRS reps told us that it will, in about 12-18 months, trigger an audit of both parties. They told us that if our story is true, and we can prove it with school records, that she will have to pay it back with penalties & interest. This is the 2nd year in a row that we have had to do this. They have been really nice about it (surprisingly). Hope that helps. Good luck :)

thank you #128 at least someone knows what they are talking about. Im sure her ex is to blame not the wife but some women are just jealous like that. they are his kids and he does have a right to claim them as well

Bullshit. File that they're your dependent and let her owe that money back.

ok I have a question. it's not about this FML but I'm kinda in the same situation. I use to live with my ex and I have checks and bills going to her house. I wanted to claim my daughter but she didn't let me. she don't work so she had her aunt claim my daughter and her other kid. and my kids don't even live with her. can I bring that up in court when I'm fighting for custody? if anyone can help me out I would greatly appreciate it. I'd never forgive myself if I did lose her.

Consider that a bonus. You file WITH the children. A few months go by, and the IRS will audit you and your ex. They will see that YOU have the children and have had the children. They will owe that money back PLUS interest and may be charged with tax fraud. Hurray for you!

She's defrauding the government, not you. You can't sue. However, a friendly call to the IRS will land her in jail, probably the husband too if they filed jointly. Then you can enjoy some laughter at their expense. Have fun.

definitely fraud. custodial parent is the only one that can claim them (parent that cares for the child 51% of the time or more) unless that parent waives the right. I know for a fact because I have primary physical custody of my daughter and my ex wife tried to claim her last year.

that's fraud. unless otherwise stated in the custody papers, the parent that has primary physical custody of the children claim them on their taxes. my ex tried that our first year after the divorce. he didn't like it when the IRS garnished his wages. fight that shit!!!

sue that not her kids and it's illegal