I have custody of my 2 children and my ex-husband only gets them during summer vacation. It is not in our divorce papers that he gets to claim 1 of them. But told me if he didnt he would press charges through you. Is he able to claim them without a court order or can I claim them since I am the one taking care of them financially wise. How do I go about doing this..He lives in Louisiana and I live in Arkansas. Please help me on this so I can file my taxes.
2007-01-24 06:35:34 · 14 answers · asked by Barefoot Redneck Dixie Queen 1 in Politics & Government ➔ Law & Ethics
The Divorce was granted in Louisiana .
2007-01-24 06:52:27 · update #1
Press what charges? He shouldn't be able to claim half the deduction for your two children for a brief period in the summer.
If he brought before a judge he would be laugh at. Tell hubby to bring it on!
2007-01-24 06:47:50 · answer #1 · answered by Sgt 524 5 · 1⤊ 0⤋
The question is, where was the divorce granted? The laws of that state will determine the answer. In general, if you have sole physical and legal custody and the divorce decree says nothing about claiming any child for tax purposes, only you can claim them.
Just file your taxes and claim both children, hopefully before he does. If he files claiming one or both, the IRS will eventually ask for evidence about custody or court orders.
2007-01-24 14:47:34 · answer #2 · answered by thylawyer 7 · 2⤊ 0⤋
If you are the custodial parent even with shared custody, those children reside with you, you are entitled to claim them. He can claim child support for both children but taken one child as a deduction is a no no without the Court's permission. Sounds like you need to notify the Court and the IRS.It sounds as if he is trying to bully you in to something. Again, I would call the Court or better yet Child Support Enforcement, that should set him back about 5 years for fraud.
2007-01-31 00:55:44 · answer #3 · answered by Spider 3 · 0⤊ 0⤋
The IRS says that you have to have the child live with you most of the year to claim them as a dependent. Your husband can't claim them, too bad for him. Press charges? for what? He is just trying to scare you. File your taxes and let the IRS have a field day with your ex. He will have to pay the money back with interest.
2007-01-30 19:01:27 · answer #4 · answered by isellhousesinnm 2 · 0⤊ 0⤋
It depends on what the divorce papers say. If you have custody and they say you claim them, then claim them both. My ex wife and I take turns every other year that is what our papers say I get odd years and she gets even years. It depends on how it is set up. There is nothing he can do to you. As long as you are in the right. File charges? He's bein an *** and tryin to scare you. If he does claim them and hes not supposed to he will pay for it. Claim them and do it fast before he trys to pull something. Go spend it on them baby's and don't worry!!!!!!
2007-01-30 05:47:50 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If you have custody of your children a majority of the time, then YOU claim them. He cannot claim them if he only has them a few weeks a year... this is fraud.
I don not understand the "press charges through you" bit.
2007-01-24 14:51:50 · answer #6 · answered by Goose&Tonic 6 · 0⤊ 0⤋
If you pay MORE in the childrens clothes, food, medical , education ..etc ( NOT RENT, toys, vacations) than he does with the child support?
you claim them
If he pays more than 51% of the childrens necessities.. he can claim them
I was a "nice" divorced parent.. we took turns on claiming our son for taxes
2007-01-24 14:46:01 · answer #7 · answered by Mopar Muscle Gal 7 · 0⤊ 0⤋
If the courts gave you custodial rights and there is no court imposed split on your tax issue, as long as they reside with you more than 6 month's of the year,you can and should be claiming both of them on your FED. TAXES.
2007-02-01 14:32:41 · answer #8 · answered by crp157 1 · 0⤊ 0⤋
He is trying to scare you. If you were given custody you get to claim them and he will be in trouble with the IRS if he does. Keep your statements and financial records, report him to the IRS if he claims them. Your taxes have phone numbers to call with questions. For your peace of mind, call the IRS.
2007-01-24 14:41:51 · answer #9 · answered by fancyname 6 · 0⤊ 0⤋
According to the irs website ,he can only claim them if he had them over 6 months of the year and paid more than half of the support for them...
2007-02-01 11:09:58 · answer #10 · answered by hancevh 2 · 0⤊ 0⤋