Ex-husband is trying to claim my kids on taxes

[seffysmiles]

Hi, I live with my boyfriend of two and a half years. We had a baby girl in 2007 and before that I was married for 4 years and had two girls with my ex. I have full legal and physical custody of both girls, giving him every other weekend for visitation. Last year My boyfriend claimed all of us a total of (5) exemptions and was told later that while not illegal the IRS does not like it. Today (1/26/2009) I received a phone call from my ex asking if we already filed this year, the answer was yes and he said that it is illegal for my boyfriend to claim the two girls because we were not married. He said he tried filling yesterday and the system booted him off, since the girls were already claimed. I am a stay at home mother and my boyfriend supports all of us and I do have the right to claim. The question is since he tried this not only this year, but also last year, can he get in trouble for tax fraud? Since a lawyer told him face to face that he cannot file at least (1) of the girls until his child support is paid up and he takes me back to court for that reason.

 

[Duranie]

Dad has to take you back to court to get this. If you both claim then the IRS is going to ask for proof he was allowed to claim. Since you do not work, Dad has an easy case to take you back to court and be able to claim both the kids but since he has not done this, you should be able to claim and let your boyfriend claim the kids.

 

[seffysmiles]

We have already been told that this would not be an easy case for my ex, unless the judge can find it to be unfair for my ex not to be able to claim. Also my boyfriend and I have been thinking about marriage for the last 6 months, will marriage limit my ex to what he can do in the court cituation since my boyfriend supports all (5) of us in the house, and my ex only is paying the court appointed child support of which he is behind over $600.00, without helping out with any other expenses regarding our children?