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Tax refund child support question! Bm/Sm drama.

Anonymous
Posted by Anonymous
  • 67 Replies
I'm going to do the numbers, but we have 5 kids to claim on taxes and we are below poverty line. Or maybe right at now...36k. 1 is ours and 4 are my step kids. I am thinking that claiming 4 vs 5 kids is not going to make that much of a difference.

So, if I let BM claim one of the step kids on her taxes, is that legal?

She is so behind on child support. The state takes her return. So a big deposit would go on the child support card.

We are in Indiana.

I am part of the custody case as well, so leave your mind your own business comments somewhere else.
Posted by Anonymous on Jan. 17, 2018 at 5:10 PM
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Replies (1-10):
Anonymous
by Anonymous 2 on Jan. 17, 2018 at 5:13 PM
It’s legal, yeah. Either parent can claim who they want.
One child makes a difference though, given she’s way behind on CS I wouldn’t let her claim any of them, why are you trying to help her out when she isn’t helping you?
Ashmomtx
by Member on Jan. 17, 2018 at 5:24 PM

It is legal unless it is delcared in divorce decree who is to claim kids.  Even then it would only be an issue of the other parent fought it with the IRS.  If your husband doesn't fight it she can claim  them.


Anonymous
by Anonymous 1 - Original Poster on Jan. 17, 2018 at 5:24 PM
Well dh or myself are the ones claiming them per the court order. BM never gets to claim any of them.


But since she is behind on child support, she will never see a dime out of her taxes. Her tax checks get intercepted and go directly to child support.

Quoting Anonymous 2: It’s legal, yeah. Either parent can claim who they want.
One child makes a difference though, given she’s way behind on CS I wouldn’t let her claim any of them, why are you trying to help her out when she isn’t helping you?
carterscutie85
by Queen Bee on Jan. 17, 2018 at 5:26 PM

Well to me it's a win win situation.

She gets a bit more caught up on CS. You get the money.

And it's legal unless a court has said otherwise or she doesn't support them/see them at all.

alexsmommy51405
by Silver Member on Jan. 17, 2018 at 5:27 PM

I wonder if even if it's not in the divorce decree who can claim them one parent will be able to if they're the sole custodian. 

ex- My ex has supervised visition with the kids, he's never used it. Doesn't pay me CS either. I have sole custody of the kids. Does something like that even need to be discussed?

Quoting Ashmomtx:

It is legal unless it is delcared in divorce decree who is to claim kids.  Even then it would only be an issue of the other parent fought it with the IRS.  If your husband doesn't fight it she can claim  them.



Anonymous
by Anonymous 1 - Original Poster on Jan. 17, 2018 at 5:29 PM
That's what I'm thinking.

The order says that dh or me claims them but I know there's a form you can sign that will let someone else claim.

I am also wondering if there is any way she could use this against us.

Quoting carterscutie85:

Well to me it's a win win situation.

She gets a bit more caught up on CS. You get the money.

And it's legal unless a court has said otherwise or she doesn't support them/see them at all.

carterscutie85
by Queen Bee on Jan. 17, 2018 at 5:32 PM

I don't really think there is a way for her to use it against you. I can't think of anything.

I had forgotten about that form. I let my ex claim DS one year and we both signed it. Just get that signed for extra protection. Honestly I'd let her keep claiming the kids till CS is caught up and then when it is maybe compromise from there.

Quoting Anonymous 1: That's what I'm thinking. The order says that dh or me claims them but I know there's a form you can sign that will let someone else claim. I am also wondering if there is any way she could use this against us.
Quoting carterscutie85:
Anonymous
by Anonymous 3 on Jan. 17, 2018 at 5:32 PM
So you would be doing her a favor, correct? If she’s claiming a child she would see more of a refund, which in turn helps her out because it would be more put towards her arrears once intercepted. I wouldn’t do it.... my ex didn’t see the children for 2+ years and one day out of the blue he asked if I would allow him to claim two of the four children, uh no, sorry, not how it works.
ETA: I guess it depends on the circumstances and why she’s so far behind on child support in the first place. If it’s just a lack of give a shit then I definitely wouldn’t but a legitimate excuse I might throw her a bone.
But to answer your question- I think either parent can claim a child unless it’s spelled out otherwise, I think there’s a paper you can sign saying you’ll allow her to claim xyz this tax year.
Anonymous
by Anonymous 4 on Jan. 17, 2018 at 5:33 PM

I want to know how you are "part" of the custody case?

As far as I know, if anyone has the kids more then 60% they can claim them. I'm unsure if it is legal to just let her claim one or not.

Quoting Anonymous 1: I'm going to do the numbers, but we have 5 kids to claim on taxes and we are below poverty line. Or maybe right at now...36k. 1 is ours and 4 are my step kids. I am thinking that claiming 4 vs 5 kids is not going to make that much of a difference. So, if I let BM claim one of the step kids on her taxes, is that legal? She is so behind on child support. The state takes her return. So a big deposit would go on the child support card. We are in Indiana. I am part of the custody case as well, so leave your mind your own business comments somewhere else.


Spare.Time
by on Jan. 17, 2018 at 5:35 PM

Legally?  Legally you have to provide minimally 6 months support to a child to claim them as a dependent. That's not 6 months of child support, its 6 months of TOTAL SUPPORT.  You have to completely support a child for 6 months each year to LEGALLY claim them as a dependent on your taxes.  So you 'allowing her' to claim a child she isn't fully supporting for 6 months is ILLEGAL

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