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If you are the primary care giver of your children, and your ex (who just started paying child support last year on our 8 and 6 yr olds and owes a significant amout of back child support) is wanting to claim them on his taxes can he? They live with me on a full time bases and the go with him every other weekend.

PLEASE HELP!?! If anyone hase any information it would be greatly appreciated!!!

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c.cowell

Asked by c.cowell at 10:36 AM on Feb. 4, 2009 in Relationships

Level 1 (0 Credits)
Answers (12)
  • He can claim them, but do you really want him to? Are you 100% positive he's going to give you that money?
    feesharose

    Answer by feesharose at 10:40 AM on Feb. 4, 2009

  • yes he can.. just went to court for this. they was going to let him claim one but since i'm not working they let him claim both. they also said it was a good way for him to pay back owed child support which i dont think was fair.. but thats the court system for ya!
    Anonymous

    Answer by Anonymous at 10:40 AM on Feb. 4, 2009

  • Oh and if he does claim them, you can't.
    feesharose

    Answer by feesharose at 10:40 AM on Feb. 4, 2009

  • If you are not employed then they will allow him to claim your child(ren). If you are working he cannot, unless you give the okay. Before filing your taxes I would make sure that he has not claimed the child(ren) as it will be a big problem if the both of you claim them. My brother just finished paying that IRS back a year or two ago b/c his children's mother said that he could claim them (years ago) and them she claimed them knowing the consequences. Just be careful and make sure you know what his intentions are and what he actually files as far as the child(ren) are concerned.
    micrespo

    Answer by micrespo at 10:44 AM on Feb. 4, 2009

  • but wouldnt any taxes that he got back go to me anyway? his wages are being garnished now, and he's supposed to have insurance on them, ut he doesnt.
    c.cowell

    Answer by c.cowell at 11:19 AM on Feb. 4, 2009

  • He can claim them but if he owes back CS they will just take it from him if it was court ordered.
    Anonymous

    Answer by Anonymous at 11:20 AM on Feb. 4, 2009

  • I am going though that issue now, if the kids live with you he can't claim them and if he does the state that you live in if his checks are garnished now will take the money to pay back child support. I am living with my parents I know I can' tclaim them but they can
    Anonymous

    Answer by Anonymous at 11:40 AM on Feb. 4, 2009

  • um he can claim them yes but it would be stupid to let him... why should he reap the benefits of extra tax money when he doesn't take care of his kids?
    my x pays childsupport and comes and gets his kids every other weekend he still didn't get to claim my kids..... i personally would say hell no not until you become a constant in their lives... but thats jmo
    chloeconnor

    Answer by chloeconnor at 11:45 AM on Feb. 4, 2009

  • If your working and there is no agreement on who claims them then, I wouldn't let him.
    matthewscandi

    Answer by matthewscandi at 11:50 AM on Feb. 4, 2009

  • the rule of thumb is whoever cares for them more then 50% of the time is who claims them, he can but I wouldn't let him since you have them majority of the time.

    Navymama

    Answer by Navymama at 12:01 PM on Feb. 4, 2009

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