I have 4 daughters with my ex, to of them are 19 and 21 the other 2 are 12 and 13, my ex is trying to claim the 2 younger daughters, and in my divorce papers it states that he is not to claim them unless authorized by me the custodial parent, I have a 3 year old son with special needs, so i do not work.. in our home is myself, my 19 year old daughter and my 12 and 13 year old daughters and my 3 year old son, my 19 year old daughter pays the majority of the billls and i revceive child support for my 12 and 13 year old, so i signed a form at the tax office allowing my daughter to claim my 3 children and myself as dependents.. my ex is extremley angry, he called me and ask to claim the girls i told him no and that they were already claimed, he then stated he is claiming them anyway and that he has the right to.. I was informed by the tax place that my daughter does have the right to claim them with my permission and the fact that we live with her and she does support them.. does anyone have any knowledge on this?
The IRS changed the dependency rules effective in 2009 and over complicated them, but basically, unless he provides more than half their support (which it doesn't sound like he does) then he has no claim.
I would suggest you consult with an attorney. Without seeing all the paperwork and the language in the orders issued in your divorce case, it would be impossible for any one of us to tell you. Certainly your daughter may be ABLE to claim them, according to the tax laws. But whether or not you can give that right to her instead of your ex (their father) would be subject to the decrees issued by the court in your divorce proceedings and any subsequent orders. It is possible, that he could file for a modification requesting the court to give HIM the right to claim the remaining minor children. Doesn't mean he would win, but he could take you to court over it if he wanted to. Perhaps not retroactively, but certainly for future tax years.
If I were you, I would consult with an attorney before I signed the form for my daughter to claim the other children. Simply as protection for HER. If it were to turn out that the court awarded your ex the legal right to claim the children as dependents for tax purposes, you could be setting your daughter up for charges of tax fraud.
He can do what ever he wants and it has no effect on you. If the tax person told you that you were in the right then you do what they say. I know that I prefer to go to a "name brand" tax person instead of an individual because the bigger companies usually have more up to date information but if you trust the person doing your taxes then let them do them the way they say. You, or your daughter, deserve all the extra refund you can get.
Hello, I think he is a day late and a dollar short. No, really, I think you made a good decision and he will probably be shut down. He should want to help the daughter who has been supporting your family.
K. K.
I second the idea of consulting an attorney. But I am wondering, if he is financially supporting his minor children, why wouldn't you discuss this with him prior to giving your daughter permission?
p.s. sounds like your 19-year old is very generous to be supporting her family, what would you do if she moved out? I sincerely hope that she is going to college so she can secure HER future!
The person that files first will get the refund first but this doesn't speak to whether or not they can claim anyone. Your ex can not claim the kids because of the divorce decree and your unwillingness to allow him to do so. Your daughter has been supporting you and the family so she has a right to claim everyone.
I would recommend you trying to figure out some different kind of family structure. If you are able to take care of yourself you must find a way to do so even with a disabled child. Your 19 year old needs her own life. It is wonderful that she is a help but this really is above and beyond. If you were dead then I would think she should step up for her siblings but you are alive and these children are yours and not hers. Even though she is a wonderful and thoughtful daughter why are you taking advantage of her. There are services out there for families with children with disabilities. I grew up in a neighborhood with a single mom with 5 kids and her middle son had severe disability but she worked and worked it out. I'm certain your could try to work out some other arrangement for your 19 year olds sake.
Your good....don't worry
Your ex is obviously setting himself for some trouble. You have a court order..if he claims the children, IRS will audit him and come after him. They will go ahead and send you both a notice.
My ex husband asked if he could take our 2 children and I declined..he even tried knocking on my door asking me to sign a document stating that I am authorizing him to claim the children every other year..briefly read it and it looked and sounded like a 3 year old wrote it with plenty of typos...and he had a pen ready for me to sign. I laughed inside and out...I thought..wow..are you really? I told him, I already told you my answer and that I am DEFINITELY NOT signing anything. He was very upset. He claimed our older son and we both received a notice. He was even more upset when IRS was asking for certain documentations and was audited.
If your divorce papers state that he cannot claim them w/o your authorization (and presumably that certain form!), then he'll just end up in trouble w/the IRS as they will catch it.
