 |
Recently my ex got a job after all these years... WOW, I almost fell over dead... LOL
- But enough with that, my question is what kind of rights does she have to claim the kids on her taxes?
- She has never worked for 15 years and somehow lands a small, low pay , part time job and then suddenly wants to collect the tax relief for having to support children. My check is the dominating support. Any opinion on this anyone?
Where do the children live ? If with her and she does not work, how does she pay rent, food and more ?
And most important what does the child support order say, most lists how can or can't file for each year on taxes.
Quote:
Originally Posted by Fr_Chuck
She is currently living with her new husbands mom and dad because they were evicted.
They are trying to build a house somewhere so there going to be there for a while.
Im not happy to know my 15 yr old boy is sharing a room with my 7 yr old daughter either.
I provide the children with more than the goverments standard of living requires.
Either way I'm not giving in until; the courts tell me that I have too. Her court costs and lawyer fees are going to be more than the tax exemptions at least for the first year.
Quote:
Originally Posted by hossbonnam
I think the issues are what your divorce decree orders, who pays more than 50% of the child support, if you both claim the children what IRS determines.
And be grateful she's working, no matter how part time, no matter what the rate of pay.
If its not addressed in the divorce decree or any other court order, then Typically, it is the custodial parent who is legally able to claim his or her child as a dependent. However, there are some exceptional situations in which a custodial parent will forfeit his or her right to claim the children as dependents by filing a form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents.
My guess is that she didn't have an income therefore she didn't file claiming the kids. I will tell you that the IRS doesn't care that you have file claiming them in the past, they will kick it all back and demand proof that you are the CP and have the right to claim the kids -- If she claims them on her taxes first. If they ask the same thing of her if you file first, and when she sends them a copy of a court order stating the kids live with her then they will redo your taxes and send you a bill.
You could take her back to court and address this and the support again. If she has a job the amount might change. My ex got $200 a year off his support because I wanted to claim both children on my taxes but he had to fight really hard for that and it cost him way more in lawyers fees than he will ever save.
Maybe if your home life is better for the kids you could fight to have custody changed until she gets back on her feet. It would be in your favor if you have a bedroom for each child and with her they have to share a room. Here, that alone, would change custody. Is that something you can do?
You need to check your court order. It should state in there who gets to claim the chidren. Usually it alternates years... one year the mom gets to claim them, the next year the father gets to claim them etc.
When my daughters father and I had visitation/custody/child support ordered, my attorney drafted everything up and we presented it to the judge. She looked over it and wouldn't sign anything because we had forgot to address taxes. She had us address that and write it into the order before anything was filed.
I would get out your papers and look over them. It should state in there the tax agreement. And if it states in there that the mother claims the children on taxes, you have to follow that (regardless of what has happened in the past)... unless you want to go to court and fight it... which at best it would probably be ordered alternating years.
| All times are GMT -7. The time now is 12:06 PM. |