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My soon to be ex-husband wants to claim one or both of our children on his taxes.

The childrens father spends minimal time with these kids. He doesnt call, the last time he saw them was over Christmas/New Years, and he has no intention of seeing them again till summer, which he is supposed to have the 1st half of. He pays court ordered child support, but, as agreed by me, it is below the guidlined amount in North Carolina by near 100 dollars. He only pays 250/mth but i have a child care bill of 600 /mth. I do not believe that he is entitled to claim them on his taxes because he doesn't care for them half of the year or provide half of their monetary support, but i keep getting mixed signals from lawyers, if anyone has been through this type of thing please let me know what was done weather i should take it to court or not. I need the money so that i can provide housing, clothes, and a stable ride/enviroment all together.


Asked by 2breath2live at 11:51 AM on Feb. 23, 2011 in Money & Work

Level 18 (5,960 Credits)
This question is closed.
Answers (14)
  • ~*Smiles*~ Contact the IRS, explain the situation, and who has physical custody (because most courts in most states, that is all that matters)... here in California they cannot count money spent on CS as a write off, and whoever has custody doesn't claim CS as income.

    If you are paying well over 1/2 the money for their care, have more physical custody, YOU claim them on your taxes!!! And if he goes behind your back to do so, contact IRS!!! And here is... ~*Hugs*~... be strong and keep your head up, looks like you ended up with the shorter end of the stick, so stand your ground!!!

    Answer by MommaClark3 at 11:55 AM on Feb. 23, 2011

  • IMO he's getting a break just by only having to pay 250/month on 2 kids.... My ex, when he does pay, is ordered to pay 650/mo for 2 children, and I'm in MO. I know they base it on income but your ex is getting off easy. If it's not in writing and you have sole physical custody then you should be claiming both of them. You should look in your agreement about what you're both supposed to do. If it say's he CAN claim one then you should have it modified. If it doesn't say anything then you should have it written in for your protection.

    Answer by MrsLeftlane at 11:57 AM on Feb. 23, 2011

  • I think you should be able to claim them since you are mostly supporting them. Can you just send him and email stating what the kids expenses are and that since you pay more for their support you really need the refund to provide for them all year?

    Answer by ria7 at 11:53 AM on Feb. 23, 2011

  • Why did you agree to less than the min?
    Is there anything in the child support order? If not, there is nothing you have to do. He could attempt to have it added to the child support order if he likes. It would be totally up to you and what you want to do at this point.

    Answer by Candi1024 at 11:59 AM on Feb. 23, 2011

  • Well certainly not both but if there isn't a lot of difference in what you would receive for you claiming both I might consider allowing him one.

    Answer by admckenzie at 11:54 AM on Feb. 23, 2011

  • btw, is he planning on giving some of his return to you for cs? That might help you decide what to do. If you claimed one and he claimed one then he gave you some of his return for cs...that might work

    Answer by admckenzie at 11:56 AM on Feb. 23, 2011

  • I'm already divorced, and right now because he makes more than I do and pays support he is entitle to claim her this year. However, the way our child support worksheet is structured, we will be alternating - since he will claim her this year, I will the following year.

    Answer by wishbearmom at 11:57 AM on Feb. 23, 2011

  • If the one medical bill is $600 a month, and he isn't even covering half that what is he entitled to? You still have to feed, put clothes on your kids, stable house, utilities, and all the costs in between... he isn't even covering a fraction... what is he entitled to? And if you have custody more than half the time??? Don't fee guilty for wanting/needing the tax return!!!

    Answer by MommaClark3 at 11:58 AM on Feb. 23, 2011

  • i would try to get something in writing stating that you get to claim them...when my ex and i split we got it in our paperwork, which is about to be modified, we agreed to alternate years... but he barely has the kids and actually quit working so that he would have to pay sh*t for child support, it's not fair to the kids in my opinion, they deserve the money!

    Answer by kyuteangl88 at 12:01 PM on Feb. 23, 2011

  • Thanks everyone for you comments they do help. We have in writing, which is signed and notorized, that i get full physical custody, but there is nothing in writing about the taxes. As for the amount of cs i agreed to, at the time i did not need more than that because i was living with my mother and she was helping me out a lot, i had no child care costs or anything like that, and knowing how hard times were i thought i would be nice and allow him to pay what he had been paying befor the court order, so that he wouldnt have to struggle. If he needed the money as badly as i do, if he planned to use the money on the kids, if he wanted to pay some of the taxes to me for cs i wouldnt mind. If i didnt need the money i wouldnt mind, but he doesnt need it or plan to do any of these things, and i do need it badly. I assumed all medical debt for both me and the kids in the divorce and i have to pay all that off, amongst other things.

    Comment by 2breath2live (original poster) at 12:24 PM on Feb. 23, 2011