QUESTION
Will my girlfriend get in tax trouble for claiming kids even though she doesn't have custody?
Asked on Feb 18th, 2013 on Taxation - Colorado
More details to this question:
Me and my girlfriend have been together 3 years. She used to be married and she has 3 kids.
She pays child support every week since the dad has custody.
He has claimed them every year since the divorce. She hired a lawyer last June to have an agreement in place for filing taxes and who claimed the kids.
The papers were sent to him and he said he signed them and her lawyer said they were signed and that she is able to claim the kids every other year starting this coming tax year.
Nothing else was said and tax time came around and she got the social security cards from the dad and he never said anything.
She files her taxes and gets her refund back then the ex husband goes to file his taxes and tries to claim the kids.
She is telling him he can't because she did. He said that he never signed the papers so she shouldn't have. No one told her the papers were not signed until she went back to her lawyer and they told her they have no copy of him signing those papers.
So now he is trying to say he told her he signed them but changed his mind. He never said anything about it when she asked for the SS cards. He also said on recorded tape that she was supposed to claim them and now he is trying to take her to court. Does she have any chance of winning? Please help!
3 ANSWERS
Bankruptcy Attorney serving Petaluma, CA
at
Law Office of Andrew Kern
Update Your Profile
Ex-spouses can agree in writing on who gets the child tax credit. If there is no agreement then the spouse who has the kids the majority of the time during the year will get the credit. The IRS will give the first spouse who claims the kids the credit, but the other spouse can challenge the credit by mailing in the return claiming the credit.
Answered on Feb 21st, 2013 at 9:45 PM
Taxation Law Attorney serving Sacramento, CA
at
Rex Halverson & Associates, LLP
Update Your Profile
The dependency exemption for a child who is a qualifying child of divorced parents usually will go to the parent that has "primary custody" of the child for the calendar year. This is determined by the number of nights in which the child resided with the parent. If they have joint custody and the children stay with each parent an equal amount of time in a year, the parent with the higher adjusted gross income (AGI) is allowed the dependency exemption. But the custodial parent can waive the dependency exemption and then the noncustodial parent my claim the exemption.
Answered on Feb 21st, 2013 at 2:15 AM
Yes, so long as she provided more than half their support, and they resided with her more than half the year.
Answered on Feb 21st, 2013 at 1:35 AM