Who gets to claim the 2 kids while seperated??
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My boyfriend of 9 years has claimed our two boys on his taxes even though I left him and have been on my own from June to the present. Now, he pays child support but there are no legal papers stating custody- I have sole custody. He only gets our boys every 30 days for ONE day! I told him before tax time that I was claiming the boys and he told me that “I read we can both claim them..they lived with me for 6 months too.” but really they lived with both of us for 6 months (I did 90% of the hands on caregiving!)
Now we are dating again but I’m still living on my own. I plan to still claim the boys on my taxes, but he’s already gotten his return and plans to go spend it.
#1. are we going to get audited?
#2. is he going to have to pay back all that money that he spent? What kind of penalties is he facing? Will the government give him time to repay this if he is made to?
I really need help- thanks allot to anyone who takes the time to answer this!!
December 18th, 2009 at 7:12 pm
It looks like he beat you to the punch!!! I think he legally has every right to claim both kids. I think that it was pretty crappy of him to claim both!!! You should’ve got to claim at least one of them.
You won’t be able to claim either of them this year. If you try to your return will get rejected and you’ll have to re-do it.
If you choose to take legal actions you will probably win (being a female and all~I know that’s sad to say but it’s true). You would have to file a small claims action against him. You will only get the difference of your actual return and what you would’ve gotten if had been able to claim both children.
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December 18th, 2009 at 9:59 pm
Only one of you can claim them and legally you should claim them if they live with you for most or all of the year. If he claimed them then you can’t. The way people resolve this is by going to court. But since you’re back with him I’m sure that’s a route you’re not willing to go. But think about this, if you feel he’s going to go spend the money instead of using it for the children or giving it to you for them then maybe he’s not somebody that you want to be with. Kids first and he sounds selfish.
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December 19th, 2009 at 1:30 am
You can still claim the kids, because they lived with you more during the year, and you supported them. But you can’t E-File your return because it will be kick out with the irs because the boys social security has allready been claim on a tax return. So now you will have to mail your return in.
And you will both be audited. And your boyfriend will have to pay the money back. But he still has time to amend his return and get it staighting out.
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December 19th, 2009 at 4:29 am
You should claim them and turn him in for fraud beings how he is not doing what he says. Him claiming them exempts you from claiming them and you being the primary care giver could use the extra cash wich is what the credit is there for in the first place. Call the I.R.S. and get rid of him, sounds like he’s just back for the money and not you and the kids. I’d say watch out for you and kids and not the indecisive boyfriend.
Man with sister who has same problem.
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