i know this is illeagel im custodial parent and the children live with me all year long what can i do about this??
2007-01-09 12:16:58 · 13 answers · asked by "SHORY" 1 in Business & Finance ➔ Taxes ➔ United States
they ALL try that. just let him know, that when you claim the children, and he does also, you BOTH will be audited by the IRS.
i would contact the IRS about it. they know the laws better then anyone regarding this matter. but i do know this; all the IRS cares about is who pays for more then half of the childrens expenses. and yes, they will indeed audit both of you. been there, done that.
here are the links. call your local office:
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
2007-01-09 17:47:01 · answer #1 · answered by Yvette B yvetteb 6 · 0⤊ 0⤋
Paying child support does not automatically give the father the right to claim the children. And he cannot deduct the support payments from his taxes. Child support is also not included in the custodial parent's income.
If the children have lived with you all year and you have earned income, you have every right to claim them. If you didn't have any earned income, you won't be able to claim the kids and receive a refund because you didn't pay taxes.
If the father has a job and you didn't, it would be more beneficial for him to claim them. And while he's not required to do it, he should be willing to at least split the refund with you.
If he's just being mean and trying to beat you to the punch...report him.
2007-01-10 10:53:13 · answer #2 · answered by Celeste 6 · 0⤊ 0⤋
Unless there's a written agreement that he can claim them, he is not allowed to. Go ahead and file your return, claiming them. At some point you'll both get a letter from the IRS telling you that someone else has claimed the same dependent that you did. Then you'll have to let them know that you're the custodial parent and the one with the right to claim them, and he'll have to pay back whatever extra taxes he owes because of claiming them.
2007-01-09 21:26:00 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
This should have been settled at the time of the divorce. This needs to be settled through the courts. If he pays child support--yes he can claim--but what or how much needs to be down in black and white through the courts. Been there and done that. Might not seem fair to you and me--but it is the law--at least where I live. The only way that I would know of is to hire an attorney. For me it was split and every other year--equal.
2007-01-09 20:34:43 · answer #4 · answered by old_woman_84 7 · 0⤊ 0⤋
he is allowed to claim the payments on his taxes. If he doesnt have the kids for more than half the year, then he shouldnt claim the kids. Some custody papers allow parents to switch off years, so be sure that isnt the situation. If he does follow through with filing a false tax report, go to IRS.gov. there is a form you fill out to report him.
If you have the right to claim them, then doit. get your taxes in first.
BTW you can turn him in, but dont expect him to be arrested for it overnight.
2007-01-09 20:30:56 · answer #5 · answered by an_awsome_woman 3 · 0⤊ 0⤋
He can't claim any of the children unless it is in you court order for child support or divorce. You have to sign a paper to let him claim them (a waiver) because the children are a part of your household. If you both claim them, the IRS will question you both and you will win if its not in a court order. Why don't you just each claim one? Thats what we do.
2007-01-10 07:25:05 · answer #6 · answered by Tink 5 · 0⤊ 0⤋
As long as the children lived with you for more than half of the year, you can claim them.
In order for him to claim the children, you would have to sign a Form 8332 which allows a noncustodial parent the right to claim them.
Go ahead and file.
2007-01-10 04:10:07 · answer #7 · answered by mac 3 · 0⤊ 0⤋
I believe the children would have to be living with him in order to claim them. But if you're not working and he is providing more than half to support them then I think he can claim them.
2007-01-09 20:33:37 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I see where you have children instead of child. Why are you claiming them both? Does he not pay child support? Does he pay insurance? Or have living quarters for them at his house too?
Why don't you claim one and he claim one or split however many you have with him. Why would it be ok for you to claim them but not him?
2007-01-09 20:26:17 · answer #9 · answered by jaynang_99 2 · 0⤊ 0⤋
He can't claim child support there is no place for him to claim child support. If he is claiming under alimony paid, he has to have your SS#. Then the IRS will match up yours and his (SS#) and they will see it doesn't match.
If you are saying he is claiming the children as a deductions, then you will have to file with them on the return and the IRS will notify both of you that one of you is wrong.
2007-01-09 20:22:23 · answer #10 · answered by kgbbsc7 2 · 0⤊ 1⤋