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JudyKayTee · Jul 23, 2012, 03:06 PM

Originally Posted by TysonGrl

I believe my ex has been claiming our child with out my consent... I have primary residence and primary physical custody.. The child does not live with him in any way.. Would this be considered fraud? I dont work so I'm a stay at home mom... The child is with me 24/7 not him... If it is fraud how do I go about putting an end to this???

If you both claimed the child on your tax returns IRS will contact you, you won't need to contact them.

If you filed, got a refund, weren't questioned, then you both didn't claim him.

It's the party the child lives with more than 50% of the time who qualifies -

Is the tax exemption addressed in your support Order?

JudyKayTee · Jul 23, 2012, 03:14 PM

[QUOTE=Alty;3206014]Yes, but there is a premise of innocent until proven guilty. He wasn't convicted, therefore he's presumed to be innocent of those charges.. . Again, he wasn't convicted.. . It is slandering his reputation, especially since he went to court, and he was cleared of those charges.. . You're accusing a man that has been found innocent."

Was he found innocent, not guilty or something else?

My question? I realize there's a problem with who gets to claim a child for IRS purposes. Is this the father of that child and not a stranger to the OP - or semi stranger?

I would be interested in the background of this matter. Is this part of a dispute about a child, perhaps a flippant remarks, perhaps something intended to hurt the father?

Would an Attorney in my area take this? You bet. Would I be asked to do the investigation? Yes, I hope so.

I've seen people accuse each other of terrible things in the name of "I'm right and you're wrong... " but child abuse? Got to think OP didn't just blurt this out.

excon · Jul 23, 2012, 03:18 PM

Originally Posted by JudyKayTee

Would an Attorney in my area take this? You bet. Would I be asked to do the investigation? Yes, I hope so.

Hello Judy:

Would he take it on a contingency? Nahhh.

excon

TysonGrl · Jul 23, 2012, 03:18 PM

I don't file cause I don't work. There's nothing in the court papers about it. He doesn't even have a set visitation it basically says he's able to have visitation but doesn't state exactly when or how much.. Which to be honest he doesn't come around all too often..

JudyKayTee · Jul 23, 2012, 03:19 PM

Originally Posted by TysonGrl

I dnt file cause I dnt work. Theres nothing in the court papers about it. He dosnt even have a set visitation it basicly says hes able to have visitation but dosnt state exactly when or how much.. Which to be honest he dosnt come around all too often..

If you don't file a tax return why do you care if he claims her?

TysonGrl · Jul 23, 2012, 03:19 PM

The support order has nothing in it saying he has right to it..

JudyKayTee · Jul 23, 2012, 03:22 PM

Originally Posted by TysonGrl

The support order has nothing in it saying he has right to it..

Let me ask again - if you aren't claiming the child, why do you care? Whether he does or doesn't makes no difference to you.

Is this the same person you accused of child abuse, the man who is planning to sue you?

TysonGrl · Jul 23, 2012, 03:22 PM

What's the point of paying child support if he gets it all back in taxes.. Basically he's a prick and flaunts hia things but doesn't even buy his child any thing or spend the time with the child as he should. Why should he benefit from it?

TysonGrl · Jul 23, 2012, 03:23 PM

No it's the same person..

JudyKayTee · Jul 23, 2012, 03:23 PM

Originally Posted by excon

Hello Judy:

Would he take it on a contingency?? Nahhh.

excon

I don't know - I just read that the OP doesn't file a tax return because she has no income (?) so if the man she accused wins... he loses.

So I'll change my answer to "no Attorney in his right mind will take this case."

That rules out 50% of the Attorneys in my area.

And I don't work for free -

EDIT: OP does not file a tax return but is upset that this same man is claiming the child on HIS tax return. This is a lot of sour grapes. https://www.askmehelpdesk.com/mobile...ed-686234.html Too bad she has nothing he can lien.

ANOTHER EDIT: OP has now changed her answer - this is NOT the same person.

Pass the aspirin.

TysonGrl · Jul 23, 2012, 03:23 PM

Not the same person*

TysonGrl · Jul 23, 2012, 03:25 PM

Im not looking to punish him or start a war I just want to put a end to his freebees..

JudyKayTee · Jul 23, 2012, 03:26 PM

Originally Posted by TysonGrl

Im not looking to punish him or start a war I just want to put a end to his freebees..

Why? It's not hurting you. Other than revenge, what's the point?

You are starting to sound like a mean, shallow person. https://www.askmehelpdesk.com/other-law/being-sued-slander-685866.html

TysonGrl · Jul 23, 2012, 03:31 PM

Im typing from my phone it was a mistype. The man with the lawsuit is my exs father. I looked into the tax thing and t hen they said they were going to sue for slander so it s the o there way around. There is much more to the story that would clear me more than them.

TysonGrl · Jul 23, 2012, 03:35 PM

You have it twisted I asked him to stop claiming if he wasn't going to take care of the child. I didn't mean to accuse any one of any thing I didn't word my opinions correctl y and it may have cost me which is fine but the tax thing came first and they retaliated with the lawsuit..

TysonGrl · Jul 23, 2012, 03:52 PM

There is more to the story.. The child came home and was in obvious neglect. I immediately notified the people that needed to be. The tax thing happened well before this. There was an argument. Serveral Weeks later after I notified domestics of the tax thing and they got wind of it they stated they were going to sue me for slander.

JudyKayTee · Jul 23, 2012, 03:54 PM

Originally Posted by TysonGrl

There is more to the story.. The child came home and was in obvious neglect. I immediately notified the people that needed to be. The tax thing happened well before this. There was an argument. serveral Weeks later after I notified domestics of the tax thing and they got wind of it they stated they were going to sue me for slander.

Then post all of the details in the same place - you don't file a tax return BUT you don't want anyone else to claim the child.

If you had anything, yes, you would be sued, but apparently you don't.

I'd leave the whole situation alone.

At what point did you accuse him of child abuse?

TysonGrl · Jul 23, 2012, 04:09 PM

The tax thing was months ago. Then the other happened wiyh the child. I didn't exactly accuse him I asked what the deal was with it. It was criminal court and he wasn't proven guilty nor innocent.. I ask if there was a doubt in his mind if his father could be guilty.. He had a discussion which lead to an argument.. He accused my family of things and I in less words said I didn't put any thing past his with their prior records. A few Weeks later he got the papers from domestics.. A week later I find out I am being sued for slander. I didn't want to have to unravel the entire thing but I can see where it would be confusing not to. Honestl why Idc if I did slander because they did the same to me regardless its no t fair to me or my child to claim if the only one benefiting is low lifes. They have asked for the ssn of the child to receive «free xmas presents» which is outrageous when its not needed. I may not work but I am by no means poor. I come from a good family and the father would get his money if he wins which I don't care so be it. I know now not to let it happen again. I may be young and I didn't know what I said would cause so mich trouble but it is what it is and I understand there is a punishment for wrong doing. But now Im paying for punishments and yet again they may get off free.. I hope that helps clarify things.

TysonGrl · Jul 23, 2012, 04:23 PM

My biggest question was how to stop him claiming. Why should he basically get kick backs from the state? I did the math he would get back more than what he pays in support. He has a child but no worries about raising or supporting. If the case is why should I care then why shouldn't every man whom have had children and walked away do the same? It may beout of anger but if he didn't act the way he did then I wouldn't have a problem. If he did right by the child and made sure the child always comes first and used the extra money to benefit the child then I wouldn't care. I don't want the money. But he could have started an account for college for the child instead of bragging that he bought things for himself and others. Maybe you're right and I should leave the whole matter alone. I guess I have some thinking to do. Thank you for you're point of veiw.

JudyKayTee · Jul 23, 2012, 04:28 PM

Originally Posted by TysonGrl

The tax thing was months ago. Then the other happened wiyh the child. I didnt exactly accuse him I asked what the deal was with it. It was criminal court and he wasnt proven guilty nor innocent.. I ask if there was a doubt in his mind if his father could be guilty.. He had a discussion which lead to an argument.. He accused my family of things and I in less words said I didnt put any thing past his with their prior records. A few Weeks later he got the papers from domestics.. A week later I find out I am being sued for slander. I didnt want to have to unravel the entire thing but I can see where it would be confusing not to. Honestl y Idc if I did slander because they did the same to me regardless its no t fair to me or my child to claim if the only one benefiting is low lifes. They have asked for the ssn of the child to receive «free xmas presents» which is outrageous when its not needed. I may not work but I am by no means poor. I come from a good family and the father would get his money if he wins which I dnt care so be it. I know now not to let it happen again. I may be young and I didnt know what I said would cause so mich trouble but it is what it is and I understand there is a punishment for wrong doing. But now Im paying for punishments and yet again they may get off free.. I hope that helps clarify things.

Honestly, right to the point - if you come from a good family (and the father could/would collect money if he got a judgment against you, which makes no sense and, in fact, cannot happen legally) then I would suggest that you take some of your good family's money and continue your education.

You can barely explain yourself, your spelling and punctuation are atrocious and some day you will have to support your child.

If the father's family doesn't have money and the only way they can get Christmas presents for him is through some charitable group which requires the child's SS number, why does that matter? They obviously care if the child has presents, and they don't have the funds to provide them.

You had sex with this man. Now you criticize his family as "these people." I never understand that. You had sex with him, he and his family were good people, you got pregnant and they changed?

I have no idea what "domestics" is or, for that matter, what Country you are in. I was guessing the US because of the tax question - but I am not familiar with the phrase "domestics."

If you don't care if you slandered them why did you post the question and why are you still "here," explaining yourself?