Originally Posted by ScottGem
Usually who can claim the kids as dependents is an issue worked out in the divorce agreement. Its common to alternate years. If its not spelled out in the divorce, then the parent that provides more than 50% of support can claim the deduction.

I have a similar situation but I've been told I can't claim anything

Here's the deal

My welfare junkie ex-wife claimed my two children this year as head of house and only worked for 2 months last year earning only like 2000 dollars while I paid over 7500 in support payments, we are not leagaly separated or divorced, and only the support order exists...

Questions is?

Is there a way I can fight this if she's already filed, got her return back but clearly didn't provide over half of the children's support obligation?

It just seems criminal if she gets away with this.

Originally Posted by ScottGem
Usually who can claim the kids as dependents is an issue worked out in the divorce agreement. Its common to alternate years. If its not spelled out in the divorce, then the parent that provides more than 50% of support can claim the deduction.

i have a similar situation but ive been told i can't claim anything

heres the deal

my welfare junkie ex-wife claimed my two children this year as head of house and only worked for 2 months last year earning only like 2000 dollars while i paid over 7500 in support payments, we are not leagaly seperated or divorced, and only the support order exists....

questions is?

is there a way i can fight this if shes already filed, got her return back but clearly didnt provide over half of the childrens support obligation?

it just seems criminal if she gets away with this.
Nope. It's not what you paid in child support, it's the time the kids lived with the parent. If they lived more then 50% of the time with her, she claims them. You are out of luck buddy. Just be the good dad and pay what the court ordered. What you can do is petition the court for dual custody and equal time of living with them. Then you can claim them first on the tax year, but you better have proof. Good luck.. hey time goes by fast. The kids will be 18 sooner than you think and all of it will be gone!

One more thing.. if she is a "junkie" as in drugs.. and you can prove it, call children services and petition the court for full custody and you don't have to pay child support, but get ready to take on the kids till 18.

one more thing.. if she is a "junkie" as in drugs.. and you can prove it, call children services and petition the court for full custody and you don't have to pay child support, but get ready to take on the kids till 18.

Thank you, that's unfortunate, but what can you do.:cool:

In an amicable divorce you could make an agreement whereby you file for the kids and then give her let's say "1/2" of taxes, but if you have communication problems or tension there, watch out because she could call the IRS and you will be investigated for fraud.

My father actually did this for some years with my mother. She recvd more with his 1/2 of the taxes as he made more money. In my day there was no "dead beat dad laws", so he paid $400.00 for 3 kids. He made $52,000 in the early 80's. How do you like that. And Of course would not pay every month and no one said anything.

Good luck