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Divorce process and income tax

Anonymous
Posted by Anonymous
  • 3 Replies
Ok so my soon to be ex husband has not been consecutively in the picture for a full six months all year. As of now my mom and i moved into a big home and are living as roommates which is wonderful. My only issue is that i was going To allow her to claim the kids because shes been here with me and has provided more support then their father. Only problem is that hes saying hes going to claim them for more money because hes in charge... Can i stop this if theres proof hes not been in the home especially with restraing orders and trespassing issued against him. Or will they let us both claim them and flag us later?
Posted by Anonymous on Dec. 13, 2016 at 1:39 AM
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Anonymous
by Anonymous 2 on Dec. 13, 2016 at 1:42 AM
1 mom liked this
Why wouldn't you claim them yourself?
Anonymous
by Anonymous 3 on Dec. 13, 2016 at 1:49 AM
I've been standing out here waiting at your back door.
WickedOpal
by Ruby Member on Dec. 13, 2016 at 2:09 AM

You have to be legally separated or prove that he was not in the home for more than 6 months, even if only by a day.  So, if he's been gone for 6 months and one day and your mother supported all of you for at least 6 months of the calendar year, she may very well be able to claim not only your children, but also YOU as dependents on her return.  However, if you supported them, then she cannot take them as dependents.  It's a thin line on this and if he tries to claim them, then you could be up for a fight.  If she can claim them first and you have proof of her supporting all of you for at least 6 months, then you may very well win and the IRS will give it to her/you.  

They generally give it to the first filer and you have to submit forms and proof and they will get it back to give to you or if you/she files before he actually gets the refund, then they will stop payment and then the proof will be required from both of you on why you think you deserve to claim them.  It can get ugly and it will take time, months even.  GL

This link may help to explain some of it better.

https://www.irs.gov/publications/p501/ar02.html#en_US_2016_publink1000220820

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