my husband, who i am separated from but not legally divorced as of yet, claimed both kids on his taxes this year. we usually had no problem deciding who got to claim them. i let him claim both last year so his liability was reduced. now i will have to pay over 3 grand because he claimed them both. i asked him to refile without them, but he refuses. i am unable to work due to cancer, and can't afford a lawyer or much else for that matter to fight this. i searched online and irs but can't find anything about proving who had custody. all i have is notes about who has them when (he takes the kids every saturday and to church on sundays). i have carried all the insurance benefits, for years now, and have not received a dime from him because i can't afford to finalize this divorce. i am so frustrated. can anyone give me info that would help?? thanks
2007-03-24 14:50:23 · 3 answers · asked by nobodyRN,BSN 2 in Business & Finance ➔ Taxes ➔ United States
No, you won't have to pay an extra $3000 because he claimed them. Go ahead and file your return, claiming them. That will start an IRS investigation. Since two returns will have claimed the same dependents, both of you will be asked to show who really had the right to claim them. If they lived with you, and he only had them on weekends, there should be no doubt that you're the one with the right to, as long as there are no court papers or signed agreements that he can. Then he'll have to pay back the extra taxes, and you'll get the exemptions.
Good luck.
2007-03-24 15:00:51 · answer #1 · answered by Judy 7 · 4⤊ 0⤋
Hate to say this, but you may be up a creek without paddles, as they say.
Your husband has the legal right to claim his children, too, if the children lived with him at least half the year. For earned income credit, typically the person earning the higher income is supposed to claim the kids. Since you have no legal separation and no court order to say who claims the kids, your claim may be as justified as his, however, the IRS can only accept the children as dependents on 1 tax form.
If you claim the kids on your taxes, the IRS will investigate who has the right to claim them. If NEITHER of you can or are willing to prove you have the right, the IRS may decide NOBODY gets to claim the kids (it IS possible). Likewise, the IRS can determine you both have a right and they won't get involved in a custody type battle, so they will pay the first claim only.
You need legal help, not just tax help!
A Darn Good Tax Advisor
2007-03-24 15:12:59 · answer #2 · answered by WealthBuilder 4 · 0⤊ 1⤋
1st to get a divorce you can go to the court clerk and get a free lawyer because you have the kids. Another way is get your own lawyer and in the end your ex can pay for both lawyers. You need to go to a lawyer for a free 1 hour consultation to ask these questions. I hope you get assistance from your local welfare dept. food stamps and medical. Now I would call the IRS and speak with them about your ex claiming them. All states differ. In Ma. if you have more money coming into your household than he give you in support then you can claim them. If he gives you more than you bring in then its possible he can claim them. So check with your local IRS for information on that. If there is no proof of custody get that at the court clerk also. Need legal separation. Have a close friend help you do these things.
Best Wishes.
2007-03-24 15:05:33 · answer #3 · answered by Anonymous · 0⤊ 1⤋