My fiance was divorced back in 1994. All this time, he thought that his separation agreement and his disolution said that his exwife got to claim both children on ger tax return every year. IT DOESN'T SAY THIS ANYWHERE. He asked her if he could claim them and she would just tell him NO. She had custody and that she would get to claim them every year because of this. He paid 75% of the calculation for maintenance for both children for many years. Shouldn't he have got to claim them? He hasn't filed his last few years' tax returns. Should he attempt to claim them? I know the IRS will spit it out, but won't this cause her to have to produce papers stating that she had the right to claim them all these years?
It is always best to have this documented in the divorce papers.. However.. If he tries to claim them now or for back years.. The IRS will run the childrens SSN numbers through the system and see they are already being claimed by the mother.. or at least this is how it should work.. But your dealing with goverment so who knows.. If my wife was in her shoes.. and he has been a good father.. and paying his child support.. as he is suppose to.. I do not think allowing him to claim one child is asking to much.. Although other circumstances, would play a role in that decision.. I am sure.. My wife allows the xhusband to claim one.. But then again he also is responsible for their Health and dental insurance.. Really sounds like your wife needs to go back to court.. and get this handled legally.. God forbid, they find her at fault.. You cant hide from the goverment when you owe them cash.. THEY WILL GET IT... PLus while at court.. See how much money they guy is making now.. and perhaps her childsupprt will go up.. Now Maintance from my understanding, is basically the new way of saying.. Alimony.. NOthing to do with the kids as that is reffered to as child support.. Correct me if I am wrong..??? Our lawyer wanted my wife to go for Maintance while we were dating.. I told her noooo.. Why milk the guy.. she didnt need it.. and I wanted to try and save as much of a friendship I could between the three of us.. I think we made the right call.. To bad their isnt a rule book on how to handle this kind of crap... It would make a ALOT of money.. Either way.. Best of luck to you and the Mrs
Unless the custodial parent signs IRS Form 8332 Release of Claim to Exemption, he cannot claim them. For all divorces and separations after 1985, possession is Ten Tenths of the dependency Exemption unless there is a Court Document saying othewise. She doesn't have to prove the right to claim the kids - she is custodial parent. HE has to prove HIS right to claim them.
Unless the custodial parent signs IRS Form 8332 Release of Claim to Exemption, he cannot claim them. For all divorces and separations after 1985, possession is Ten Tenths of the dependency Exemption unless there is a Court Document saying othewise. She doesn't have to prove the right to claim the kids - she is custodial parent. HE has to prove HIS right to claim them.
First of all, I am female. Sirrowan was the name of my doberman. Anyway, she was the custodial parent, however, he paid 76% of their living expenses. SHE is a vampire. HE is a po boy. HE gave her EVERYTHING. SHE has made our lives miserable. Okay, I'm starting to scare myself...
Re: Re: Question regarding Tax Returns I am an Enrolled Agent with over 25 years experience representing taxayers before the IRS. It doesn't matter that she's a vampire or a werewolf or a mummy or from Mars. He could be a saint. He still can't claim the kids. If you're scared now, wait till the IRS audit if he tries to claim the kids.
