i've been in a relationship for 4.5 years where the ex-husband/wife has with held the right for my mate to claim their children on taxes. She/he keeps denying with one excuse or another. One has been when your caught up on support, another is when you start paying for them and one other is because they just started a home business. What can my partner leagaly do about this? What is her/his right as the other parent? Whithout involving the court system?
2007-01-26 14:58:32 · 9 answers · asked by charlie40d 1 in Family & Relationships ➔ Marriage & Divorce
if there is something in the existing custody order about who claims them then no there is nothing you can do without getting a new order if not then it all depends on who provides more of there support and that is usually decided by who they lived with more so if you had them more than six of twelve months you can claim them or visa versa hope this helps
2007-01-26 15:04:40 · answer #1 · answered by skytzo ! 3 · 0⤊ 0⤋
He can only claim the children as dependants , if he in fact pays child support and he really should make sure he has a receipt of payment for anything he spends money on involving the children. She cannot stop him from claiming the kids as dependants if he pays or spends any money on the kids. He does have to attach a seperate letter stating that the children live part-time with him like weekends or whatever arrangement it is he has to see them. If he doesnt see them , then i dont think he can.
2007-01-27 11:06:36 · answer #2 · answered by babykins 2 · 0⤊ 0⤋
Only one parent can claim the children on taxes. If the ex has them the majority of the year than they should be the one to claim them.
2007-01-26 15:05:27 · answer #3 · answered by LuvMyGirls 5 · 0⤊ 0⤋
If he/she is the noncustodial parent, nothing. The NCP does not have the right to claim the kids unless it is specified in the divorce decree as such.
If there is a court order, then he/she needs to file with the kids on the taxes and provide to the IRS the proof that it is his/her right to claim them for that year.
2007-01-26 15:03:07 · answer #4 · answered by S. W 4 · 0⤊ 0⤋
the divorce pappers should explain all of that. one claims the child(ren) one year and vise versa. no matter what, if the pappers say that they have to alternate years. then i would call the irs do an adendum form and she will more than likely have to pay them back. that or tell her what the pappers say and if she does not let him him claim the child and let him make up for all of the years she screwed him out of you'll turn her in!
2007-01-26 15:06:25 · answer #5 · answered by j_la_02 3 · 0⤊ 0⤋
without the court system..i guess if he files first and uses the child/ren and just tell her that he did it. If she than uses them they will both get audited and who ever has suporrting docs that list who pays for what will get the reward.
He should probably take his taxes to someone licensed to do them, they will have better answers.
good luck
2007-01-26 15:05:29 · answer #6 · answered by sweetsal 4 · 0⤊ 0⤋
generally most of the time the courts say who has the kids most of the year get to claim the kids. you fighting a lost cause. unless he fights for full custody
2007-01-26 15:02:38 · answer #7 · answered by angeleyessly 2 · 0⤊ 0⤋
You have to involve the courts I'm pretty sure.. Isn't it fraud?
2007-01-26 15:01:54 · answer #8 · answered by Nikkie 1 · 1⤊ 0⤋
he has rights tooo. but you may need the courts
2007-01-26 15:03:09 · answer #9 · answered by Anonymous · 0⤊ 0⤋