im cuustodial parent of my two children and their father is going behind my back and filing income tax with th

Question

im custodial parent of my two children.they live with me all year long.the father does not even pick them up on his days holidays or anything.i recieve child support for two im getting 210 a month.i pay insurance on them they have their own bedrooms.my thing is the father is claiming them for deduction on his taxes.i want to know what i can do. im our child support papers it cleary states that the children must live in his home for at least 6 months of the year before he is able to file with them.like i said im luckey if he pickes them up when he suppose to have them.im not sure what to do so i dont get screwed!! i cant file before him i have not recieved my w-2's yet. we were not married.umm his filing over the internet,i have social security cards for them,not him anyone can help please let me know!!

Answer 1

You go ahead and file. You'll both probably get audited. All you have to do is provide proof that you have them living with you and that you provide at least 50 percent of their care. My parents went through this when I was a teenager. Mom didn't get in any trouble at all. She could prove everything. So she got to claim us. Dad got fined a pretty big fine though.

Answer 2

As I understand it, custodial parent always gets deduction unless court order specifies otherwise. Even then, court usually requires custodial parent to provide to other parent the required paperwork to take the deduction.

The IRS will not allow him the deduction until you provide the paperwork. If the court requires you to provide the paperwork and you don't, they consider that an issue for the court, not them.

If non-custodial parent meets the requirement, and you don't provide the form, the non-custodial parent's only recourse is to charge you with contempt of court, and if you still don't obey the court and provide him the paperwork the court can fine you or jail you.--The IRS will still not let him have it though--they need the paper work.

Just take the deduction on your income tax, and when the IRS sees both of you doing it, an auditor will be assigned to the case, and sort it out.

By the way, the paperwork you sign is not you giving permission for him to take the deduction, it is a statement that you won't take it. It is a differrence to the IRS.

I disagree with IVY, him taking the deduction may not be contempt of court, since by the IRS regulations, him wrongfully taking the deductions does not preclude you from rightfully taking them. He has not denied you anything rightfully yours.


Of course, I'm not a lawyer, seek professional advice.

Answer 3

When you get paid, your employer withholds some of the money and sends it directly to the IRS. At the end of the year, if more money was withheld than you actually owe in taxes, then you get a refund of the difference. If you don't file, the IRS keeps it all, and you don't get any credit for it. If you do file, the refund will go to the state to cover child support, but that will reduce the amount of child suppoort you owe. You won't get the refund, but it will reduce the amount of child support you owe. It would be a bad decision not to file. But not everyone makes good decisions.

Answer 4

I don't think the IRS will allow him the deduction without the proper paperwork? At any rate notify the IRS immediately what he is doing. Furthemore, if he does get the deduction I would turn around and sue him for all the money you would have got back from the IRS, because of his illegally taking the deductions from you he took that money from you.
L

Answer 5

1) contact your local Legal Aid Office. they are in all states and most counties. they go on a sliding scale so its free to most. look in the phone book, call the county court clerks office or your states Bar Assoc for the number.

2) look on this website or call your local IRS office and ask them. they will tell you that the one who pays over 50% of the childrens expenses can claim them.

3) file anyway. let him file too. the IRS will audit both of you. its common and happens all the time. the men think they pay for everything, thus claim them.

4) get yours filed first. beat 'em to the punch. then notify him by mail (certified also) that you have filed and claimed the children. tell him that if he wishes to attempt to, the IRS will audit his azzz.

http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html

http://www.wantedposters.com/deadbeats_usa_a_to_f.htm
http://www.deadbeatjustice.com/list.htm

http://www.divorcelawinfo.com/
http://www.divorcelawinfo.com/calculators.htm
http://www.helpyourselfdivorce.com/child-support-calculators.html
http://www.divorcehq.com/deadbeat.html
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.hhs.gov/programs/region2/index.html

http://www.supportkids.com/
http://www.singlemoms.org/info/main.htm
http://www.singlemotherresources.com/
http://www.angelfire.com/nj4/njcomputerchick
http://www.parentswithoutpartners.org/chapterfind.asp
http://www.mowaa.org/
http://modestneeds.org/
http://freecycle.org/

Answer 6

If you received your court order for custody and child support through your state child support enforcement office, contact them immediately and inform them that the father is in contempt of court by his claiming children on his taxes without having them live with him for 6 months of the year. On your behalf this agency will ask the judge to enforce these court orders, which may include ordering his tax refund be intercepted, etc. Even if you didn't go through this office to get your court orders, you can pay a very small fee and ask them to do this for you, which means it would save you money which would be costly if you were to hire a lawyer. Another route to go is that there are legal aid agencies in cities that charge on a sliding-fee basis and they handle issues such as yours. Since Child Support Enforcement Agencies deal with these issues all the time, I would suggest they be the best route for you to go.

I would write down everything about your case for the person who will interview you at the agency and produce to them any documentation you have i.e. copies of court orders, receipts, tax returns, etc.

You may also ask them to ask the judge to order the father to pay the following: Part of the cost of your insurance, or part of the cost of the medical bills that your insurance does not cover (i.e. co-pays, etc.). Additionally, it sounds like your court order for custody may need to be modified if the father shows no desire to have the children live with him, and you could ask the court to award you full custody with visitation priviledges. Lastly, since your children are living with you for 12 months of the year now, you may ask the judge to modify the court order for child support to be raised since you are bearing the full burden of housing, feeding, etc. the children for the entire year.

Good luck!

Answer 7

Definitely file your taxes and claim them! Report him to the IRS...AND to Child Support Enforcement. Like they said, you will be audited most likely, but YOU will be the winner, and he'll be the one owing the IRS!

Answer 8

Call the IRS and turn him in! As long as you can prove that the children reside with you, then you've got nothing to worry about. It's his butt on the line if they catch up with him.

Answer 9

REPORT HIS A$$ TO THE IRS. If you have paperwork to prove that you are the custodial parent they will be able to go after him. Please consult a tax advisor and document this. This happened to me with my ex. They snatched a knot in his a$$.

Answer 10

Claim them on YOUR taxes--the IRS will kick out both returns and then you can send the Decree in and you will get to claim him and he have to re-file his taxes.