Since my last question, the battle felt as if it will never end and it hasn't much, yet I admit, it is less stressful. I do have a question though. My stepson is now 18 years old and has been living with us for a little less than a year. Unfortunately for us, his mother continually rec'd child support and kept the money (you can see previous questions for more on that story) We just sent out our last child support per the decree and now a question has arise. Since he has been living with us this year and since we paid for his college tuition this year, how can we prevent her from claiming him as a dependent on her taxes? If anyone can give me some light on this I would greatly appreciate it! Cheers!
i had to file a motion in front of the judge to request the court to reconsider the tax decree and they did just that.
You have to follow what the court ordered in the divorce decree. If the divorce papers say she gets to claim them then she claims them. However, with him living with you and you have paid more than 50% of his care you legally have the right to claim him. You have to go to court and have the decree amended saying that you can claim the child. If both parties claim the child you both will be audited. They will see that you have had the child and have been providing for the child but will side with her because she has the divorce papers giving her the right to claim the child.
what address did he use when he went to college.. what address is on his drivers license.. and why did you continue to send checks if your step son was living with you. you should contact the lawyer who made up the divorce papers.. and see what can be done... she may have to give that money to your stepdon or back to you..
If you have all the records that show you paid more than half his expenses for the calendar year, you are entitled to claim him. You can't prevent her from claiming him, but if she does, she's breaking the law, so let the chips fall where they may. The worst that can happen to you is that you'll be asked to produce the paperwork to prove your claim.
