he claimed both last year. as i was to claim both this year. Now he is reniging on the deal and says he is going to claim them again. What happens if i claim them first then he tries to. we have never had this problem before. He is mad at me for the kids wanting to move back home with me..I let them move with him on a trial basis and oit didnt work out. now he wont play fair on the taxes. someone give me some advice .
2007-01-31 05:26:25 · 16 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Well, you can both claim, just hope you have proof to back you up if you get audited!
2007-01-31 05:30:13 · answer #1 · answered by Back in the game... 5 · 0⤊ 0⤋
If you can legally claim them then claim them and have the proof to back it up. Maybe he is in a higher tax bracket and it would save him more money. In that case work a deal with him that he claims them, gives you a check for the tax deduction that you lost out on and he gets to keep the extra. Make sure you get the money from him before he files.
This could have all been avoided if you had handled the "kid battle" differently. You think your kids like you more cause they came back? I doubt it. Kids go where they think they can get away with more. If you really cared about the kids you would move on the same block as your ex and let the kids flow back and forth. You and your husband got the divorce, not your kids.
Don't get all tight in the panties reading this.. its just the facts.
2007-01-31 23:03:39 · answer #2 · answered by lily 6 · 0⤊ 0⤋
If the kids live with you for more than 6 months of the year then you have the right to claim them unless you specifically signed a form giving him the right to claim them every year.
Rather than making a big issue out of this every year, why don't you see if he might agree to you each claiming one child every year regardless of who they live with. That way both of you get some tax relief.
In general though, if you are the custodial parent according to the divorce settlement then you would be the one who has the right to claim them. It doesn't matter who claims first, it matters who has the right under law. Now, if you both claim them then it could create a red flag for an audit, but if you have the legal right then it wouldn't matter.
2007-01-31 13:35:34 · answer #3 · answered by Justin H 7 · 0⤊ 0⤋
There should be a court order usually is when people have children together that address this issue regardless of if they were married or not. Go by the court order. However if they lived with him for 06 and he is filing his 06 taxes he has every right to claim them
2007-01-31 13:33:14 · answer #4 · answered by texas_angel_wattitude 6 · 0⤊ 0⤋
If the children lived with you for 6 months or more in 2006 then you can claim them. If your husband claims them he will get a visit from the IRS auditors.
2007-01-31 13:59:37 · answer #5 · answered by Monty L 5 · 0⤊ 0⤋
What does your divorce decree say about who gets to claim the children as deductions? If you didn't spell it out in the divorce decree, then you are SOL. If you both try to claim them, the IRS will go after you both. This means fines and interest penalties, as well as 7-years of back audits on you both. Good luck.
2007-01-31 13:31:47 · answer #6 · answered by kja63 7 · 0⤊ 0⤋
If you both claim them, chances are good you will both be audited-yuck! Didn't you guys have some kind of arrangement about this in your divorce papers? If not, play fair and let each one of you claim one kid - this is what my ex and I do and it has worked for 9 years.
2007-01-31 14:04:28 · answer #7 · answered by thersa33 4 · 1⤊ 0⤋
Claim them. If you are both filing independantly then his mistake in lying on his taxes won't affect you. Let him know that you are claiming them nad that him lying is only going to get him audited. I assume there are a variety of ways you can prove that they were living with you -expenses, etc.
2007-01-31 13:31:45 · answer #8 · answered by imnotachickenyoureaturkey 5 · 0⤊ 0⤋
You're the mother, naturally a kid is going to want Mom if Dad
doesn't know how to act or care for them. I would go ahead and claim them since they will end up with you.
2007-01-31 13:37:22 · answer #9 · answered by Williamstown 5 · 0⤊ 1⤋
Go ahead and claim them as long as you have proofs that they stay with you more than 6 months in the year--like school reports with your address on them, or receipts for children's stuffs...
2007-01-31 13:33:20 · answer #10 · answered by Jenny S 2 · 0⤊ 0⤋