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Need family TAX advice.. Any knowledge?

Posted by on Jan. 8, 2013 at 11:12 AM
  • 9 Replies

I live in the state of Pennsylvania. We're trying to figure out how to file this year without breaking any laws.  My fiancé lives with me and I have 3 children from a former marriage.  My ex husband pays child support.  I am unemployed therefore I don't file every year.  Does my fiancé have a right to claim my children because we've lived together this year, or does my ex have a right to claim them?  I intend on doing more research and making a few calls if necessary, but wanted to know if anyone had this similar experience or knows the answer.  Thanks mamas! 

by on Jan. 8, 2013 at 11:12 AM
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Replies (1-9):
gmadiane
by on Jan. 8, 2013 at 11:40 AM

that is a great question, I know if someone pays for the care of a child for half of the year they can claim them but since it sounds like they both have I dont know, have you asked your ex if he plans on claiming them?

LexRi0709
by on Jan. 8, 2013 at 11:44 AM
Do you have a co with your ex that specifies? If you do then you have to follow that. If not, then who has had the kids more than 50% of the times this year? If you have then your df should be able to claim the kids, but honestly you should consult a tax person. Walmart has h & r block that will help prepare taxes (1040a) for free, but they may be able to better advise you.
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ambermario4ever
by Member on Jan. 8, 2013 at 11:49 AM

Who did the kids live with the most if they where with you and you so for more than 50% of the year and you so paid for more than 50% of thier care then he may claim them

JJsMommy706
by New Member on Jan. 8, 2013 at 11:54 AM

I have primary custody.  The children live with myself and my fiancé.  My ex only has them every other weekend.  There is no co as far as the taxes go, just custody and child support.  I'm actually on hold with the IRS. Hopefully I'll get a straight answer from them.  It's their laws. Lol :0). Thanks for your input!!

HisSweetheart07
by Bronze Member on Jan. 8, 2013 at 2:19 PM

hope you figure it out! :) Personally I've never been in this position though. 

clowery
by Member on Jan. 8, 2013 at 2:26 PM
Ur finance should be able too since he has lived w them for so long but ur ex also should be able to claim them depending on what courts said in the divorce I have a bil that he and his ex take turns claiming every other year but it could and prob will b diff w it being in a diff state and what ur courts have told you best place is to find out what the court said about ur taxes and also go to the irs office in your area . I had a run in a few years back before me an my hubby got married w one of taxes job and they ended up screwing me cause the wouldn't let me claim him before we were married even tho we lived together the whole year went to the irs office to check they said ya I could but too late other place had sent it off and would have had to wait 30 days almost to get it all fixed
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JJsMommy706
by New Member on Jan. 9, 2013 at 10:28 AM

I ended up calling the IRS yesterday and they told me it would be illegal for my ex to claim them because they do not live with him.  Simple as that.  I was glad to hear this news.  Thanks for your help ladies!

yvonne37
by Yvonne on Jan. 9, 2013 at 1:06 PM

 My husband was claiming his son until his mother told him he cant claim him anymore because her new husband is going to claim him.  My husband was told by the child support agency in NY that she was under her legal right to tell him that because she has custody of the child.  also check and see if there is a percentage of support in general that is met by you and your fiance and if its more then i believe you can claim them instead of him.

gotnothinonme
by Member on Jan. 9, 2013 at 3:26 PM

Usually who can claim the kids for taxes is specified in the divorce or custody papers. Do you have that?

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