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Can he do this?

I have three kids with my ex husband and he told me this morning that he is going to put his three kids on his taxes and that im not gonna get a penny cus he is paying my chils supposrt every week so he says cus he is giving child support that he dont suppose to give me any money out of the taxes. He had used the kids last year on hi staxes and he didnt give me any money of that either can he do that?
Can i call IRS and block my kids social security number?

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MommyG203

Asked by MommyG203 at 2:29 PM on Jan. 3, 2010 in Relationships

Level 2 (5 Credits)
Answers (7)
  • Check your custody papers. It should say who has custody so far as state and federal statutes. If it is you, that basically says you are the one who can claim the kids. Also, if they live with you, you can show through school records or custody papers that they live with you. Try to file first. If you can't, report him to the IRS. Because for him to claim people who are not living with him is technically tax fraud.
    mandaday

    Answer by mandaday at 2:32 PM on Jan. 3, 2010

  • go to www.irs.gov... it will tell you exactly who can and can not claim the kids on their taxes.. According to irs, it doesn't matter what the custoday papers say, because IRS rules are federal laws and local courts can not trump federal laws KWIM?


    As far as him giving you any $ from his tax return.. he doesn't have to..its his money..period. If he is behind in child support, the CPEA can garnish his return to collect back support, other wise its his money and he doesn't have to give you a single penny out of it.

    darcibeisheim

    Answer by darcibeisheim at 2:41 PM on Jan. 3, 2010

  • This is from IRS.gov:                                                                                                                                                                  Parents are divorced. If the child's parents are divorced or legally separated, and the parent who had custody of the child for the greater part of the year (the custodial parent) has not remarried, use the return of the custodial parent.                   

    mandaday

    Answer by mandaday at 2:52 PM on Jan. 3, 2010

  • Custodial parent remarried. If the custodial parent has remarried, the stepparent (rather than the noncustodial parent) is treated as the child's other parent. Therefore, if the custodial parent and the stepparent file a joint return, use that joint return. Do not use the return of the noncustodial parent. If the custodial parent and the stepparent are married, but file separate returns, use the return of the one with the greater taxable income. If the custodial parent and the stepparent are married but not living together, the earlier discussion under Parents not living together applies.
    mandaday

    Answer by mandaday at 2:52 PM on Jan. 3, 2010

  • Whoever has had the children the MOST (over 50% of the time last year) can file. No one else may claim those kids, ONLY the parent that had them over 50% of the time last year. Tell him that he can go ahead and claim them, if he wants to face fines and jail time.

    -xoxo-

    Answer by -xoxo- at 3:16 PM on Jan. 3, 2010

  • check cusrody papers
    mommymeg03

    Answer by mommymeg03 at 4:40 PM on Jan. 3, 2010

  • THAT SHOULD HAVE BEEN PART OF THE DIVORCE SETTLEMENT--OR IN CHILD SUPPORT PAPERS WHO CLAIMS THE KIDS. IRS LAWS ARE WHERE THE CHILD LIVES. IF YOU HAVE CUSTODY AND THE KIDS LIVE WITH YOU, YOU CLAIM THE KIDS ON YOUR TAXES---FIRST LINE UNDER DEPENDENTS ON IRS FORM. GOOD LUCK
    ohio4

    Answer by ohio4 at 6:13 PM on Jan. 3, 2010

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