My brother and his wife divorced five years ago and have 2 children. My brother has sole physical custody and they share legal custody. My brother is on disability and does not work. She works and pays the state a nominal amount of child support to cover what he receives in public assistance. Therefore, she has the right to claim the kids on her taxes every year. The decree states that she is to divide the return with my brother, but never has.
Here is my involvement. Since they were born, I have been the primary provider of the kids' clothing, shoes, winter coats, school supplies, birthday/christmas gifts, and any other miscellaneous stuff they need. I also cover medical expenses that Medicaid will not cover, including general dentistry and orthodontics. Thus far I have been responsible for almost $10K in orthodontic expenses for the kids and, even though both parents initally said they would help when they were able, they have not paid a dime for either one. I am struggling to keep up with everything those kids need and I feel I should have the right to alternate years with their mother on claiming them on my taxes. After all, she doesn't use hers to support the kids at all (except what the state confiscates for child support arrears) and my brother wouldn't either, even if he did get it. At least what I would get I could use to help buy their school clothes and pay medical expenses.
Bottom line is, would I have standing to sue for the right to claim them on my tax return, considering the fact that I spend literally thousands on them every year? They definitely meet the federal government's definition of my "dependents," since I pay for at least half of everything they get-- the state pays the other half.
Here is my involvement. Since they were born, I have been the primary provider of the kids' clothing, shoes, winter coats, school supplies, birthday/christmas gifts, and any other miscellaneous stuff they need. I also cover medical expenses that Medicaid will not cover, including general dentistry and orthodontics. Thus far I have been responsible for almost $10K in orthodontic expenses for the kids and, even though both parents initally said they would help when they were able, they have not paid a dime for either one. I am struggling to keep up with everything those kids need and I feel I should have the right to alternate years with their mother on claiming them on my taxes. After all, she doesn't use hers to support the kids at all (except what the state confiscates for child support arrears) and my brother wouldn't either, even if he did get it. At least what I would get I could use to help buy their school clothes and pay medical expenses.
Bottom line is, would I have standing to sue for the right to claim them on my tax return, considering the fact that I spend literally thousands on them every year? They definitely meet the federal government's definition of my "dependents," since I pay for at least half of everything they get-- the state pays the other half.
