You wouldn’t believe how often I am asked, “How can I stick it to my ex?”  People going through a divorce or breakup are so angry and hurting that it’s natural to want to strike back.  While I feel deeply for peoples’ pain and suffering, the best advice I can give to that question is don’t.  Here’s why.

The easiest way to mess up someone else’s tax return is to claim their children on your tax return before they can file theirs.  It’s that simple.  Once the children’s social security numbers have been claimed on a tax return, they can’t be used on another return.  That means your ex can’t e-file a return and can’t get the refund she’d get with the kids.  It sounds pretty nasty, but there’s a very important downside.

First, if don’t have custody of the children and they haven’t lived with you for at least six months, well then you’d be committing tax fraud.  Depending upon the severity of the fraud (especially if you received an Earned Income Credit) it’s even possible that you could see some jail time.  How badly do you want to mess with your ex?

But let’s forget the possible jail time.  Let’s examine what would happen in a regular dependency dispute.  Your ex, if she were smart (or had at least hired someone like me), would still submit her tax return claiming the children.  She’d have to mail the return in, because e-file would no longer be available to her.  Then because there would be two returns claiming the same children the IRS would issue dependency audits to both of you.  That audit letter is around eleven pages long listing several items that you’re going to have to come up with to prove that you are really the custodial parent.  The information is fairly easy for a custodial parent to access, downright impossible if you’re not.

So, although you’ve dealt your blow and messed up her refund temporarily, in the end she’ll get the money and you’ll lose the audit.  Not only will you have to pay back the tax money you received from the IRS, there will be fines, penalties, and you’ll probably be forbidden from claiming and Earned Income credit in the future (even if you would really be entitled to it.)

So, back to the original question, “Is there a way to stick it to my ex?”  The answer is yes, but it will hurt you worse.