mustang64093gt
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grow up and get over it it should have been in the divorce decree who gets to claim them and what year if not your poop out of luck |
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STEVEN F
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The dependent rules are different for divorced parents. Unless the divorce decree specifies which parent claims the deduction or a Form 8332 Release of Claim to Exemption for Child of Divorced or Separated Parents is signed, the custodial parent claims the child. The residency requirement does not apply. |
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spicertax
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Let him claim them since you can't anyway. Even though you say he does not deserve the money if he gets more money some of it may trickle down to the children and help them. If he has more money the kids should benefit at some point. |
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MyThought
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Your divorce decree may stipulate who claims the kids as dependants. If not, if you and he both contributed to their support, either of you (but not both of you) may claim them. |
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Wife&Mom
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You would do better to ask an attorney who specializes in child custody. Most attorneys have free consultations. |
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txguy8800
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Only if it says he can on the divorce papers.
I suggest you claim them if you do taxes. If not, he can claim them and its none of your worry. If he gets audited its his a-s-s not yours.
If you want to be a bad person, you can report him, but then they'll ask you why you are invading his privacy.
Bottom line, let it go, its his problem, not yours. |
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cute redhead
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well sence he has full custody yes he can still claim them. unless you can maybe some how prove that you have had them, but you would probly have to take it to court cause he could just lie and say that he was the on that had the kids. my step dad has 2 kids with his ex wife and she doesnt have them at all and she still claims them on her taxes and lol she gets food stamps for the kids she dont feed. my step dad tried taking her back to court but she lied about it and lol they upped his child support and took his whole taz check last yr. i think its tottally not fair that ppl do things like this and get away with it. if you live in a diffrent school district maybe you could prove it that way sence they would be going to the school in your area instead of his. and if you can prove it you could have your parents claim them and then give you a some of the money out of it. thats what i would do. i take it alot of ppl on here didnt read all of your question. they are telling you what you already know.do you have a child support office in your town?if so i would call them and ask them, they can help you with just about any information regarding custody,child support,just about anything questions you might have and alot of times they will give you information on a lawyer that might handle cases like yours for little of nothing if not free. but i seriously think you would have to take it to court in order for your ex not to get you in trouble. i have a child me and my ex share custody but i have him more because he goes to school in my town and every year he tries to get me in trouble just so he can get a little extra money in his pocket. |
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muncie birder
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Does he pay child support? That would entitle him to claim them since you do not claim them. The rules are not perfectly clear on this however. But why are you making such a deal out of it? At one time you two did love each other. So why be so vindictive now. |
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NONAME
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didn't you settle that in your divorce degree? |
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lidakamo
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you should contact an accountant. after you have found out he can't do that without getting into trouble with the irs. i would see if he would like to come to some sort of agreement where he would give you 1/2 of the refund. if he does not agree i would turn him in. |
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OU812
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Go to the nearest IRS building and ask an agent. Or pay a tax professional to answer your question.
Any advice you receive will be anecdotal or guesswork with good intention.
It souinds like he doesn't meet the half year requirement and you imply that he doesn't pay any child support, this suggests that he can't claim the kids as dependents. He did, however, contribute to the household finances for 2 months.
So, the answer seems clear, but this is taxes, so the only way to know for sure is to hear it from the horses (IRS) mouth.
You know, your ex might be an a hole, but the best thing for you is to move on, make him part of your past and not part of your present (with the exception of interaction on behalf of the kids). Vengence and revenge will just keep you down. Let it go. |
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alikmal
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Unfortunately he can if he provided more than half of their support. Obveously, he did since you receive SSI which is not big money. He can easaly show it to IRS. If you can prove that YOU provide more than half of their support,it's another story. The big problem is you are not filing tax return. Therefore, he has the right to claim children. Don't foget the important thing that HE is the castodial parent |
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bob
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no he can not claim them, they have to live with him
at least 6 month's out of the year before he can claim them. |
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Sir J
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They have to live with him for six months out of the year and he must provide their support.
If you can't reach resolution, just claim the kids as well on your return and the IRS will flag them both.
I |
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unbelievable
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I can't believe the people who reply who have no idea what they are talking about. 1. The children are eligible to be claimed as a dependent by someone else since they are not claimed by you. 2. the "some one else" could certainly be the parent with custody. 3. if you get ssi - you are not prohibited from filing taxes - in fact since your children lived with you you may get some child type credits even without paying into taxes. 4. if you are on ssi then why dont your children qualify for payments as well unless it is because he pays court ordered child support. 5. since he pays child support he certainly can claim them as a deduction because based on what you say is your ONLY income - ssi - he is providing over half of their support. 6. last but not least, the only reason you wouldnt want to file a return is because you are earning some under the table money you dont want to be fraudulent about.
Now those are the real answers to your questions. gosh. |
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Sherrie
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I have done extensive research and here it is. It does not matter what a divorce decree even says regarding taxes. The custodial parent has first dibs. The custodial parent MUST sign a release for the non-custodial parent to claim them. Every year. IRS trumps the divorce decree. They no longer accept a copy of the decree but insist on the release. YEAH |
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