Can my ex legally claim the kids on his taxes if they haven't lived with him all year?

Question

My ex (who has full custody of the children) moved out in February. He thinks he can just claim them on his taxes, since I'm on SSI. But I looked on the IRS website and they said to claim a dependant, they have to live with you for over half the year. I can't file due to being on SSI and having no income, but don't want him to claim the kids because #1 he doesn't deserve the money, and #2 he hasn't covered half the cost of their living expenses for the year. What is your advice on the issue???

****We were never married, I'm on SSI so have no "taxable income." He pays a small amount of child support.****

Answer 1

grow up and get over it it should have been in the divorce decree who gets to claim them and what year if not your poop out of luck

Answer 2

Go to the nearest IRS building and ask an agent. Or pay a tax professional to answer your question.

Any advice you receive will be anecdotal or guesswork with good intention.

It souinds like he doesn't meet the half year requirement and you imply that he doesn't pay any child support, this suggests that he can't claim the kids as dependents. He did, however, contribute to the household finances for 2 months.

So, the answer seems clear, but this is taxes, so the only way to know for sure is to hear it from the horses (IRS) mouth.

You know, your ex might be an a hole, but the best thing for you is to move on, make him part of your past and not part of your present (with the exception of interaction on behalf of the kids). Vengence and revenge will just keep you down. Let it go.

Answer 3

The dependent rules are different for divorced parents. Unless the divorce decree specifies which parent claims the deduction or a Form 8332 Release of Claim to Exemption for Child of Divorced or Separated Parents is signed, the custodial parent claims the child. The residency requirement does not apply.

Answer 4

i visit tell you what the IRS instructed me once I asked them this after my Ex tried to declare our toddlers.... except he contributes extra effective than 50% of their economic help and can back it up with information, he does not get the deduction. My Ex went forward and claimed them, as I did...we the two have been given our returns and then some weeks later the IRS recommended the two one those that for the duration of straightforward terms one individuals ought to declare them and that they have got been going to check out...next factor I hear is they're putting him via an audit. i replaced into presented the deduction as 50 funds a week each and each for 2 childrens is a lot from extra effective than 50% fo their help. He replaced into 'presented' effects and on appropriate of returning the money he ended up owing them 5,000.00 funds. the only factor that concerns right here is no longer what variety of dad he's yet how lots economic help he's providing you with for them. NONE you assert? Then he can no longer declare them....he might might desire to LIE on his tax varieties and in the event that they capture him...woah-boy..... he can no longer declare them if he does not know their SS style-he needs that so optimistically, you have no longer presented that information to him. you would know if he has claimed them in case you get a letter from the IRS like I did...then a rapid telephone call to them informing them he does not pay any CS gets the ball rolling.....as far as him giving up his parental rights-in straightforward terms a kinfolk courtroom decide can order that..that's no longer computerized because of loss of touch. i might attempt and locate the money to make certain that your husband to undertake those childrens so as that they are legally his inspite of each thing, he's appearing Daddy so he might desire to be the legal Daddy....

Answer 5

Unfortunately he can if he provided more than half of their support. Obveously, he did since you receive SSI which is not big money. He can easaly show it to IRS. If you can prove that YOU provide more than half of their support,it's another story. The big problem is you are not filing tax return. Therefore, he has the right to claim children. Don't foget the important thing that HE is the castodial parent

Answer 6

Let him claim them since you can't anyway. Even though you say he does not deserve the money if he gets more money some of it may trickle down to the children and help them. If he has more money the kids should benefit at some point.

Answer 7

Does he pay child support? That would entitle him to claim them since you do not claim them. The rules are not perfectly clear on this however. But why are you making such a deal out of it? At one time you two did love each other. So why be so vindictive now.

Answer 8

well sence he has full custody yes he can still claim them. unless you can maybe some how prove that you have had them, but you would probly have to take it to court cause he could just lie and say that he was the on that had the kids. my step dad has 2 kids with his ex wife and she doesnt have them at all and she still claims them on her taxes and lol she gets food stamps for the kids she dont feed. my step dad tried taking her back to court but she lied about it and lol they upped his child support and took his whole taz check last yr. i think its tottally not fair that ppl do things like this and get away with it. if you live in a diffrent school district maybe you could prove it that way sence they would be going to the school in your area instead of his. and if you can prove it you could have your parents claim them and then give you a some of the money out of it. thats what i would do. i take it alot of ppl on here didnt read all of your question. they are telling you what you already know.do you have a child support office in your town?if so i would call them and ask them, they can help you with just about any information regarding custody,child support,just about anything questions you might have and alot of times they will give you information on a lawyer that might handle cases like yours for little of nothing if not free. but i seriously think you would have to take it to court in order for your ex not to get you in trouble. i have a child me and my ex share custody but i have him more because he goes to school in my town and every year he tries to get me in trouble just so he can get a little extra money in his pocket.

Answer 9

Only if it says he can on the divorce papers.

I suggest you claim them if you do taxes. If not, he can claim them and its none of your worry. If he gets audited its his a-s-s not yours.

If you want to be a bad person, you can report him, but then they'll ask you why you are invading his privacy.

Bottom line, let it go, its his problem, not yours.

Answer 10

you should contact an accountant. after you have found out he can't do that without getting into trouble with the irs. i would see if he would like to come to some sort of agreement where he would give you 1/2 of the refund. if he does not agree i would turn him in.

Answer 11

Your divorce decree may stipulate who claims the kids as dependants. If not, if you and he both contributed to their support, either of you (but not both of you) may claim them.