I accident claimed my daughter on my taxes because I have claimed her for 13 years. My ex informed me I needed to amend my taxes. I told him I would if it is something I needed to do. They just told me this friday. Now they are threatening me with contempt of court and saying they are going to get me audited. I told them I would amend my taxes and have the proof that says I would. Do they have a case if I already agreed to amend them?
Answer
Probably not, but you need to have any court orders or judgments reviewed. It is unclear why you could not claim your child. IRS usually will not audit for this type of error (amount of money is too small).
Answer
If there is a court order or settlement agreement ratified by a court granting your ex the right to claim your daughter as a dependent you should follow that court order/ agreement. Failure to comply with the order/ agreement may expose you to the possibility of being held in contempt. You should file the amended tax return as soon as possible if you have not already done so.
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