My ex husband is the father of two of my children, we were married and he cheated the whole time. When I found out I made him leave. Now 4 years later, he is a dead beat, he gets visitation 2 days a week but will NOT pay a dime of his child support and lives in a big nice house and eats at restaurants all the time and so forth, he lives it up. For the past several years I had let him claim one of my daughters with his income tax trying to be fair. Now I have said I'm claiming them this year because I and my husband are raising them and he and his wife are mad. He didn't even help me with school stuff or clothes for them or anything, should I allow him to claim one anyway?
2006-11-13 13:33:28 · 24 answers · asked by Phyllis D 2 in Family & Relationships ➔ Marriage & Divorce
HELL NO!!!!! if he can't take on the responsibility to help and pay his fair share. NO way would I let him claim any of my kids!!!
If he has a nice Fancy home I would take him to Court and make him pay everything that is owed to your KIDS!!!
2006-11-13 13:39:11 · answer #1 · answered by Richard W 2 · 2⤊ 0⤋
this should have been cleared up way back when custody was an issue. in most cases, when two children are involved, one parent claims one child and the other parent claims the other. that's how it is usually worked out. but since he has been claiming one...it's hard to get that switched without getting a court order as the tax board may not just let you claim a child all of a sudden. As for not paying the child support....get off your butt and inform the state you are not receiving any support. they have the ability to garnish his tax refund to back pay all of his support payments he missed.
2006-11-13 13:41:16 · answer #2 · answered by Bella 5 · 0⤊ 0⤋
If he's not paying child support, why aren't they taking his income tax and giving it to you. Thats what usually happens when a men doesn't pay his child support they will garnish wages and take his income tax. I would not let him claim a child, and wouldn't have in the past either. I think that you should follow up with your child case worker and tell them to there job and get you your money. It would actually be fraud for him to claim a child. He has to be at least 1/2 the support of that child and if he isn't he should be in jail for fraud.
2006-11-13 13:49:52 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you're not getting child support from him, he has no right to claim the children on his tax. Even if you ARE getting support, if you pay more than half the care of the children, he has no right to claim them. Talk to your attorney if they give you trouble. If he does not pay, you also have the right to withhold visitation. There are ways to make him pay his share of the support, and back support. You need to talk to someone in authority.
2006-11-13 13:57:06 · answer #4 · answered by Baby'sMom 7 · 0⤊ 0⤋
I would cut him off the claiming and whats more I would put in a call to the IRS and tell them he has never paid a dime of child support and whats more he is not supposed to be claiming them since he doesn't contribute to their financial support in any way. You should be cautious since you may be the one with internal revenue on your case for lying to them.
2006-11-13 13:37:26 · answer #5 · answered by Deirdre O 7 · 1⤊ 0⤋
It all depends on what your divorce decree states. If it states that he gets the tax write off for one child, then your only option is to modify the divorce decree. If not, then I can see why you would let him take the credit when he's done nothing to help you.
If he's mad about it, then tell him to support his children in the year to come and he can have the tax credit.
2006-11-13 13:36:55 · answer #6 · answered by Royalhinney 7 · 0⤊ 0⤋
Someone I know in my family did very little for his kids then one day I found out he claimed his kids on his income tax. I thought he was the biggest jerk (can't use the word that I really want).
What do you think that makes your ex-husband?
2006-11-13 13:48:13 · answer #7 · answered by nowhere 3 · 0⤊ 0⤋
It depends on what your divorce settlement decree says. If you did not make a specific provision for it, then you should take the deduction. Regardless of whether there is a provision for tax deduction, do not delay in going back to court to collect the child support that is due you. I assume you know he could wind up in jail for not paying his support.
2006-11-13 13:37:54 · answer #8 · answered by Mrs. Strain 5 · 1⤊ 0⤋
What does the divorce agreement say? If you want to make sure that you can claim them, no issues, then you should get it in writing from a judge. He can't go against that and if he does he will be in plenty of trouble with you, the law and the IRS. Good luck. I hope you win.
2006-11-13 13:37:54 · answer #9 · answered by FaerieWhings 7 · 0⤊ 0⤋
This guy has got to be kidding. Unless you have it in your Divorce Decree he is not entitled to claim the child on his income tax.
Why haven't you gone after him in court to get back support money?
2006-11-13 13:36:59 · answer #10 · answered by SgtWalt 1 · 1⤊ 0⤋