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flakk1989 | Can I claim my kids instead of my wife just because she didn't work last year, I do pay child support.? |
I have work all my life and she hasnt for the past 4 years, I wanted to claim my kids but she wont let me because she said that " somebody" is gonna claim them and they gonna give her some of the money. I pay child support and Im up to date. By law, do I got the right to claim them or can she do whatever she wants since she has full custody. And if I can do something about it, can somebody tell me who do I need to contact for this matter |
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Southern Belle ☆
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Does your custody agreement or divorce decree state who claims the children on income taxes?
If not, then you need to consult an attorney and see about getting a modification to that effect. |
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Angela W
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Well she sounds like a delightful woman. Have kids, don't work, and then have someone who does work claim her kids so she can line her pockets some more. Makes me sick. You can motion the court to try and get to claim them on your taxes. As far as someone else claiming them, that is illegal and tax fraud. You may want to let her know that if she has been letting someone claim your children for the last four years, that she may want to sign the tax paper for you to claim your kids this year, if she still resists, drop the dime on her at the IRS fraud hot-line. She and whoever are claiming them will lose being eligible for the EIC for ten years and it is a punishable offense. |
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Judy1
 |
By law you can't claim them. But by law she can't just let somebody else claim them either, unless they are legally qualified to claim them - for example, if she and the kids lived with her parents, then her parents could claim them.
If you file and claim them, and someone else does also, the IRS will investigate. Your claim would be denied, but so would the other person's unless they are legally entitled to claim them. |
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hrblock.laura
 |
If the children did not live with you for over 6 months last year, there are only 2 ways you can claim the children. With a court order, such as a divorce or separation decree, or by her signing a form 8332. This form allows the custodial parent to release the exemption of the children to the non-custodial parent.
Therefore, since she probably won't sign such a form, you won't be able to claim them this year. If possible you should try to get a court order for the future.
Laura H – H&R Block – Senior Tax Advisor 5
**This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts that you provided. |
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Wendy
 |
If you have a court order that states you can claim your kids you can claim them or she will have to fill out a form from the tax place and little does she know if she hasn't remarried she can't and no one else can claim them and if they do it is FRAUD and you can call the Fraud hot-line and report her. The fraud hot-line number is 1-800-829-0433. Also you can go to the irs.gov website to do more research. |
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michron
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You can get even by making sure that the "somebody" does not get to claim your children. It is against the law unless the "somebody" provided over 50% of the support for the children and meets other IRS requirements. It is a criminal offense if she is letting the "somebody" claim them for pay. |
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stephenweinstein
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If the rules for children of divorced or separated parents (which also apply to parents who were never together) indicate that she is the person who is allowed to claim the children, then you are prohibited from claiming them.
If the rules for children of divorced or separated parents (which also apply to parents who were never together) indicate that you are the person who is allowed to claim the children, then both she and the unidentified "somebody" are prohibited from doing so. |
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v b
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Paying child support does *not* give you any rights.
While *she* cannot sell or allow someone to claim the children, the fact that she isn't claiming them herself doesn't make them yours. You can only claim them if you have a signed form 8332 and attach it to your tax return.
If she "lets" someone claim them, if they are not eligible or they try to illegally claim EIC, they will get caught and banned from the EIC program for 10 years. She will be banned too. |
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