There was a court order not allowing her to do so,so my question is "will she be in contemp of court,and liable for commiting tax fraud/evasion,and if so what fines, imprisonment or ect.could she be in trouble for?
2007-01-20 03:19:55 · 11 answers · asked by m 4 in Politics & Government ➔ Law & Ethics
Not your problem....leave it alone. If the court order says you can claim them, then you should do just that. If an audit finds that they were claimed twice (which it likely will), then she will get what she has coming to her. You are legally in the right, as long as the court order says you are the one that gets to claim them on your tax return. It's just that simple.
2007-01-20 03:29:10 · answer #1 · answered by wildraft1 6 · 1⤊ 0⤋
You are not married to the father. This is an issue between him and the Mom. If you were married and your income was considered in how child support was calculated then I would agree you should stand up foryourself. I suggest you try and convince the Dad to have her food and housing benefits reviewed based on his inputs. Once they see who has the kids, who makes how much money, it is possible both households may be eligible for benefits. Either way, you could be a whistleblower . Just know if you allow them to open up her files it may cause them to try and get more $$ out of the Dad. It coudl backfire on you. You should also accept your choice to be with a guy who has 3 kids. This is your choice. If you are with him DESPITE the 3 kids, then you should reevaluate what you want. Thsi kind of stuff comes ith the territory. You can't pick and choose what you get from thsi guy, he has 3 kids 24/7.
2016-05-24 00:47:32 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I think your looking at 2 different situations. If she has custody of the kids and they live with her the IRS considers them her dependents and by the eyes of the IRS she can claim them. So if you have custody then you have every right to claim them. If she has custody and the two of you have some type of monetary agreement that is in your decree that says you can claim them and she goes against that decree your looking a civil suite to get your money. My advise if you have custody and are worrying she will claim them, then notify the IRS. If you don't be prepared to get a Civil Lawyer to get your money in case she files first.
2007-01-20 03:42:50 · answer #3 · answered by Gina H 1 · 0⤊ 0⤋
I can't see a court "Family court" say such a thing, but if its an order the you have to take her to court and that cost you money. Family court don't put mother in jail and don't like to hand out fines to them because it is taking money from the children, or taking the mother away from the children
I live in Australia so your court may be different
2007-01-20 03:28:12 · answer #4 · answered by noblueloo 2 · 0⤊ 1⤋
if the kids live with her then she can claim them. if they don't then yes it's tax fraud. i'm assuming if there is a court order not allowing her to it's because she doesn't have custody. my ex husband who sees our kids literally about 48 hours a month told me the least i could do was be nice and let him claim one of the two kids on his tax return and i told him he had lost his mind. he even has a kid with another woman that he can claim. i told him not only was it not fair to me or the kids because the EIC was for me to help with costs of raising them it was illegal because neither one lives with them and he doesn't get them except for two nights a month and refuses to keep them any extra time. he doesn't ever want to help me out but that that was the least i could do. basically he was just being greedy and wanted money.
2007-01-20 03:25:23 · answer #5 · answered by butter_cream1981 4 · 0⤊ 1⤋
You need to talk to your lawyer! In my divorce papers it allowed my ex to claim two of our kids and I got to claim one. That was OK with me ten years ago but after being the one they live with for those ten years and being that they are older now and not wanting to go to Dads as much I felt like I should get the benefit of claiming them. So, I asked my lawyer and she said the person who they live with the majority of the year can claim them regardless of what the divorce papers say. If both of you claim them they IRS will want to know where they lived and they could care less about final papers. My Ex talked to his lawyer and got the same answer. I let him claim them for ten years because I said I would but now I need the write off more then him and he agreed.
2007-01-20 03:28:47 · answer #6 · answered by julie c 1 · 0⤊ 1⤋
those divorce decrees dont seem to really mean much. If she reported her taxes properly, then probably not much would happen. maybe she got a job or something changed that would make it so she could claim them. I guess you had better hope that you get yours in first if you claimed them.
2007-01-20 03:24:11 · answer #7 · answered by tomhale138 6 · 0⤊ 1⤋
Yes she is in contempt. She could receive up to 90 days in jail and be made to pay back all the money. It really makes a judge mad when you don't do what he or she says.
2007-01-20 03:27:48 · answer #8 · answered by puppylove 2 · 0⤊ 1⤋
She could be. Depending on your sutuation. If it is so bad that she is treating the children like garbage like there another thing in her life. She could go to jail for a form of abuse. If she doesnt go to prison she be fined.
2007-01-20 03:24:00 · answer #9 · answered by Laura 1 · 0⤊ 1⤋
Yes she will. Now all you have to do is report it to the IRS and fireworks will ensue.
I do not know the fines or anything.
2007-01-20 03:24:16 · answer #10 · answered by Big C 6 · 0⤊ 1⤋