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Will my friend get in trouble with CalWORKs for falsely claiming child as dependent on taxes?

My friend's situation is stressing me out and I need advice ASAP. He's the dad of a 5-year-old who lives full-time with the mom. The mom gets CalWORKs and Medi-Cal for herself and their daughter, which means my friend has to pay child support through county enforcement. Here's the problem - my friend claimed his daughter as a dependent AND head of household on his 2024 taxes even though she doesn't live with him at all. He just applied for CalFresh for himself because he lost his job and is basically homeless right now (staying on couches). During his CalFresh interview, the eligibility worker asked about his tax filing and he admitted that his daughter lives full-time with mom. The worker said something about tax fraud but still approved his CalFresh. Now he's freaking out about what will happen. Will they report him to the IRS? Will this mess up the mom's CalWORKs benefits for their daughter? Will they make him pay back tax money? He already spent his refund on back rent and car repairs.

Your friend made a pretty serious mistake. When someone claims a child on taxes as head of household, they're certifying that the child lived with them for more than half the year. Since he admitted to the eligibility worker that the child doesn't live with him, there are several potential issues: 1. Tax fraud - The IRS could audit him and demand repayment of any tax benefits he received illegitimately (Earned Income Credit, Child Tax Credit, etc.) plus penalties 2. County coordination - While different departments don't always talk to each other, many counties have fraud investigation units that can and do cross-reference information 3. CalWORKs impact - The mother should be fine as long as she correctly reported who lives in her household. The county already knows the child lives with her if she's receiving benefits Your friend should talk to a tax professional immediately about filing an amended return. The sooner he corrects this, the less severe any penalties might be.

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Omg this is worse than I thought. He got like $7000 back because of claiming her. Do you think the CalFresh worker will definitely report him or just make a note in his case? They still approved his food stamps so maybe they're not that concerned?

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they cant just automaticly tell the IRS stuff. diffrent agencies dont talk to eachother that much. i filed wrong one year and nuthing happened. but its still tax fraud technicly.

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Actually different agencies absolutely DO share information - especially when it comes to benefit fraud. I've seen clients get caught because Housing Authority found something and reported to CalWORKs, who reported to IRS. Tax fraud combined with benefit program discrepancies gets flagged way faster than just random tax errors. They might be building a case.

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This is unfortunately a common situation. Tax filing status and welfare eligibility use different rules, but the information can definitely be shared between agencies, especially if fraud is suspected. For your friend, here's what could happen: 1. The CalFresh worker may have just noted the discrepancy in his case file without immediate action. However, if they suspect intentional fraud, they can refer it to their Investigation unit. 2. The mother's CalWORKs case shouldn't be affected if she's correctly reported household members. The county already knows the child support situation. 3. The real issue is with the IRS. Head of household status requires the child live with you for more than half the year. Since he admitted to a government worker that this wasn't true, there's a documented contradiction. Your friend should consider filing an amended tax return (1040X) ASAP. If he waits until the IRS catches it, he'll face bigger penalties and possible criminal charges if they think it was intentional. I went through something similar with a client who couldn't reach anyone at IRS for guidance. She used Claimyr.com to get through to a live person at the IRS without hours of hold time. They have a video demo at https://youtu.be/jzISHxCPLwE showing how it works. Might be useful for your friend too when trying to fix this situation.

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Thank you so much for the detailed response. I'll try to convince him to file an amended return. Do you think he'll have to pay back the ENTIRE refund or just the extra amount from claiming her? He said he got almost $7k more than he would have filing single.

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my sister in law did somthing like this and they made her pay back EVERYTHING plus interest AND she couldnt get benefits for 1 whole year!!!! tell ur friend to fix this fast!!!

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To answer your question about repayment - he would likely need to repay the difference between what he legitimately should have received filing single vs. what he received filing as head of household with a dependent. This includes: - The difference in tax rates between single and HOH filing status - Any Child Tax Credit he received (up to $2,000 per qualifying child in 2024) - Any Earned Income Tax Credit attributable to having a qualifying child - Possibly other credits he wasn't eligible for Plus potential penalties and interest. The sooner he corrects this with an amended return, the better position he'll be in. If he waits for the IRS to catch it (which they likely will given that he's already admitted to a government worker the child doesn't live with him), the penalties will be much more severe.

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Thank you. I'm going to show him these responses. He's been avoiding dealing with it hoping they'll just forget about it but sounds like that's a terrible idea.

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I HATE how the system is set up! Your friend is probably struggling financially (why else would he need CalFresh?) yet the government makes it impossible to get ahead. He pays child support AND can't even get the tax benefits? Meanwhile the mom gets all the benefits - CalWORKs cash, free medical, AND gets to claim the kid on taxes?!?! The system is designed to KEEP people poor!!! I'm not saying what he did was right but I understand why someone would do it when they're desperate.

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Just to clarify - the tax benefits are designed to help offset the costs of actually raising and housing the child. If the child lives with the mother full-time, she's bearing those daily expenses. That's why the parent who has the child living with them for the majority of the year gets to claim them on taxes. The father paying child support is offsetting some of those expenses, but typically child support doesn't cover the full cost of raising a child. The tax benefits help make up some of that difference for the custodial parent.

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wait i'm confused tho... if the mom gets CalWORKs cash aid for the child, does that mean she already claimed the kid on HER taxes? cuz you can't double claim the same dependent, right? so maybe the IRS will catch this automatically when they see the same kid claimed twice?

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Getting CalWORKs and claiming a child on taxes are separate things. You can receive CalWORKs year-round and still file taxes the following year. The IRS and county benefits systems don't automatically cross-check in real-time, but they absolutely can and do share information, especially when investigating potential fraud. And yes, if both parents claimed the same child with the same SSN, that would trigger an automatic flag in the IRS system. They would then send letters to both parents requesting proof of who the child lived with for more than half the year.

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Update: I showed my friend all these responses and he's calling a tax preparation place tomorrow to file an amended return. He says he's going to say it was a mistake and he misunderstood the rules rather than admitting he knew what he was doing. He's worried about criminal charges but it sounds like if he fixes it voluntarily that's less likely to happen. Thanks everyone for the advice!

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That's the right move. Voluntarily correcting the issue before being contacted by the IRS shows good faith. He should be prepared to repay the difference plus some interest, but it's far better than waiting until they catch it. Make sure he understands that when filing the 1040X (amended return), he'll need to change his filing status from Head of Household to Single, and remove the child as a dependent. This will recalculate his tax liability. Good luck to your friend!

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