chatsplas
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Is there any court order involved? Were you married? Is there any written document as to who gets to claim children on taxes.
Frequently divorced or separated parents split the deductions between them. One takes one child and the other takes the other child, or they alternate years, one takes both this year, the other the next year. It's best to do this by court order or agreement. If you both file them, the second to file gets their return rejected and then both of you have to satisfy the IRS as to who should be able to claim the children. The tiebreaker rule could go against you.
BTW, I'm glad you finally saw the kids. Children need BOTH their parents. Glad you recognized the excuse crap and hope you're going to be ther for your children, physically and financially this year. |
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Landlord
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You are going to need her to sign one of them over to you. Since they live with her and she pays for more then 50% of their support she is the one that claims them unless SHE or a judge decide otherwise. |
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foxinsox
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An attorney or tax consultant or the IRS would be able to answer this accurately.
Here are some links to get you started:
http://www.irs.ustreas.gov/faqs/
http://www.hrblock.com/
My personal *note* OPINION is that if your wife is the one footing the lions share of the expenses and the complete responsibility for the children's care with your token monetary contribution and unable to support the children even emotionally because of "car trouble" then...it would seem to me..all fairness would say let her claim them...the money for claiming them will be a pittance and not worth getting into World War III over...in just my opinion. |
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Danny
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It is a tough situation to be in, however the kids can only be claimed on one tax return. It is normally the parent that provides more than 50% of support, care & expenses for the child. |
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ninasgramma
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Your payment of child support is not relevant for the dependency exemption.
If the child lives with the mother and not with you, then you cannot claim the child unless there is a statement in the divorce papers that assigns the dependency exemption to you, or if the mother signs Form 8332 to you waiving her exemption for the child to you.
You can request Form 8332 from the custodial parent but it is her choice to provide it or not. |
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whirliekurlie
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You can only claim a child as a dependent on your taxes if you pay more than half of their total expenses. So, if your child support doesn't pay for half of their expenses (it normally doesn't), you can't claim them. Sorry! |
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♥ Embracing Optical Freedom ♥
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Well if you both attempt to claim her somebody will be in trouble! |
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CHBN
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Check your divorce judgment or child support order. It probably says somewhere who gets to claim the kids. If not, you should contact your lawyer to get an arrangement put in place. |
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Wayne Z
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The divorce decree usually addresses this.
Absent correct language in the divorce decree, the exemption automatically goes to the custodial parent. Just paying child support does not automatically entitle you to the exemption. |
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hungry man
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Check your court papers and see if the situation is addressed by the court. Child support is not deductible and if you will check the income tax form, it asks if the dependent you are claiming lived with you more than six months of the year. When you say you haven't seen your kids this year, 2007 or 2008? If you didn't see the kids in 2007, then you would have a difficult time claiming them as dependents. |
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Mrs. Grotts
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First of all, child support helps the parent who has legal custody BARELY be able to afford the cost of a child. You're getting the easy end of it because you only have to pay a monthly fee whereas she is the primary caretaker and bathes, feeds, and clothes the children! The parent who has legal custody should only have the right to claim a child on their taxes. |
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bamaglory
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It is not about you. Make sure the kids are taken care of. You are not in the shape to do it. It is a struggle to be single with children. If you are having a hard time think what your kids may be going through.
When my husbands ex needed the extra cash we let her have the write off. It was for the children. Their needs change almost daily! |
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Mandy
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Sounds like you're out of luck.
Do you have a court agreement reguarding taxes and custody? If not, she can claim them, most likely. Definately for the EITC if she qualifies with her income.
Get a bus pass and see the kids.... |
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Judy1
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Sorry, if your kids live with your ex and not with you for over half the year, then she gets the deduction, even if you are paying child support. |
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navysgurl09
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Most states call for the parent with custody, or the primary provider, to claim the child on their taxes. Being the primary provider basically means providing 60% or more of the child's living expenses. If your child support is 60% of each of your children's expenses, then you could claim them. However, these expenses include health, housing, food, and clothing, etc. If you both try to claim the children, both parties will usually be audited to determine who has the right to claim them. |
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sassy
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check out these FAQ:
http://www.divorcenet.com/states/nationwide/federal_income_tax_faqs
hopefully they will help ... since you were together over half of the year, you may need to seek the advice of a qualified tax consultant ... |
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j f
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if you have legal custody then claim the kid |
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lilsexymexi
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i have the same problem with my ex i claim them both cuz im the one who has been busting my *** taking care of them he is suppose to give me child support but he doesnt so i of course claim them.but if oyu do give her child support then talk to her about it.she might want you to give her some of that money. |
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nikki44256
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the mom has the right to claim them..and if she did let you..you would have to have the ss cards and seeing that u havent been there to see them any for the year 2007..i dont see you getting the ss cards..and if u did find away to get them that would be wrong cause u cant get there to see them but u can get there when it comes to you getting money. |
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No L
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yes |
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Terence L
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If you're paying child support, then you're contributing to the support of the child so you should probably get to claim one of your children. If you're paying pretty minimally though, I could see why she's upset and would want to claim both. |
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onandonandonanon
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If there is nothing about it in your divorce papers, then it's pretty much who ever gets the taxes done first gets to claim them. Of course both of you claiming one would be the fair thing. |
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a face in the crowd
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call the IRS, there is a toll free number. I think that if you deduct your child support payments, you qualify for some earned income.... If I am correct, the IRS can tell you. If I am wrong, they should be able to give you some other alternatives, and tell you the guide lines and laws of claiming children. |
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Michelle
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actually she is right, She has every right to claim them because she was the one who had the kids for more than 6 months out of the year. You can claim your child support as a deduction. but as far as her having to let you have one of the children to claim, she doesnt have to. sorry I am a girl but I do know that |
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golfengineer3
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If the child isn't living in your home you can't he/she as a dependent. You can state your child support |
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