My two children have lived with me for the last four years and not even seen their father. They haven't lived with him in the last four years or even seen him once.
In our divorce it did say that he could claim the children every other year on taxes....but that was wrote because we were suppose to share joint custody and he would be seeing the kids just as much as me.
Shouldn't the fact that they haven't lived with or even seen him in four years disqualify this????? What bull**it if he can claim them when he hasn't even been in their life for four years.
Do you think I could claim them and then use the extra $$ I get to go to court to file for full custody and get the income tax thing revised....& child support raised.
2006-12-26 09:56:09 · 12 answers · asked by **sumluv** 2 in Politics & Government ➔ Law & Ethics
You have to live by the decree until you get it changed. That should not cost very much to do so.
2006-12-26 09:57:58 · answer #1 · answered by Sir J 7 · 1⤊ 0⤋
Call the lawyer who did your divorce the first thing tomorrow!
The lawyer would be best qualified to help you, as the laws vary from state to state. You may have to go to court to get the divorce decree revised, but it sounds like you are making reasonable requests.
Whatever you do, until the court has ruled in your favor, do not claim the children if it is not your year. Doing so could land you in hot water with both the court and the IRS. Put the onus on your ex.
2006-12-26 10:15:20 · answer #2 · answered by sandyblondegirl 7 · 0⤊ 0⤋
Get in touch with your attorney RIGHT NOW. This man owes you child support. He does not get the right to pay the support ordered in the divorce and keep thousands at the end of the year when its the children who need it for clothes food and shelter for the year. He is taking advantage and probably a nice vacation with this money. If you hesitate there will be nothing you can do. If he files first and the court looks into changing it after it may be too late to get any back for the kids. Please don't try to talk to him about it, just get the attorney on it.
2006-12-26 10:11:21 · answer #3 · answered by AggieMom 2 · 0⤊ 0⤋
Your divorce papers do not overrule the tax laws and at the very least, he would have to pay for more than half of the cost of living for the children, including food, shelter, clothing and medical. I'm not sure but I think they would have to reside with him at least part of the time also.
Dumas is 100% correct, he jogged an memory for me. A buddy of mine had a divorce decree that stated that he would be able to claim his children even though they lived with their mother and the IRS sent him a notice that both he and the mother had claimed the children and he had to go to a hearing to straighten it out. I researched it for him and his ex did in fact have to sign a form for him to be able to claim his children.
2006-12-26 10:41:59 · answer #4 · answered by Its Hero Dictatorship 5 · 1⤊ 0⤋
It doesn't cost you anything to go in front of a judge and modify an existing custody order. Check with ther court clerk where the original hearing happened. The judge will modify the terms and give you a written order you can send to any intersted parties (IRS etc).
2006-12-26 10:16:40 · answer #5 · answered by Gunny T 6 · 0⤊ 0⤋
According to the IRS, a dependent needs to have been provided over half of the care and custody to be eligible for an exemption on taxes.
Many states, though, allow these kind of agreements in divorce decrees.
However, federal law usually trumps state law. Also your ex need YOU to sign off on IRS form 8332.
Also look at Publication 504, Divorced or Separated Individuals on the IRS website.
Also, in my state, the local prosecutor/D.A. handles matters pertaining to delinquent and underpaid support. Check to see if that fits your situation. that way, you might not need to pay for an attorney although it might be worth it
2006-12-26 10:17:18 · answer #6 · answered by Kari 4 · 1⤊ 0⤋
It depends on the wording of the decree. If it's worded that he can claim the kids on taxes because he has joint custody then he can't because he hasn't be holding custody.
2006-12-26 10:04:40 · answer #7 · answered by The Bride 3 · 0⤊ 0⤋
You should call a H&R Block and ask them. I think the kids have to live with him more than 50 % of the year in order to claim them. He also has to have paid for most of their shelter, clothing, and food costs for the year. If he claims them he will be paying back alot of money.
2006-12-26 10:03:16 · answer #8 · answered by Bernie 1 · 0⤊ 0⤋
Call your local IRS office and tell them the facts, that way you know what to do. Be sure to get the name and id number of who you talk to there. Then if you decide, go back to court. If your ex doesn't show up, then you win.
2006-12-26 10:06:11 · answer #9 · answered by AJ 4 · 0⤊ 0⤋
You have to get a judge to change the court order. If you claim them, trust me the IRS will track you down, and fine you because your the one violating the order. You need to take him to court first.
2006-12-26 10:05:53 · answer #10 · answered by Anonymous · 0⤊ 0⤋