ex claims children on taxes

[KidsBestInteres]

ex claims the children on his taxes despite they live with me 24/7 and haven't been to his home in over three years. my oldest will be graduating soon and off to college. i'm afraid she will not be able to get any grants due to her father's income, (bank vice-president), since he claims her on his taxes. he has made it clear he won't help with college, car, etc. and we are on a limited income. how can i claim my children on my taxes if it is written into the divorce that he can claim them? (we each claim one child and take turns with the third. He does not pay once cent more than the court ordered child support, nor does he visit. he is remarried and has started a new family.) we live in minnesota and this is where the divorce was filed. thank you for any advice you are able to offer.

 

[usmcfamily]

Well, if he is acting according to the divorce decree you should have thought of that when you signed the papers.........that said -- the only way to change it is to file a petition for a modification of the standing order regarding the tax benefit on the children and it is off to court you go........................

 

[haiku]

The way your deduction is spilt is pretty standard in divorce cases. I do not know as you will be able to change it.

Be aware though when you apply for aid for school-you only have to list HOUSEHOLD income, not HIS, no matter who he is using as a deduction. i have even read of people who have put off getting remarried until after the kid is out of school so as not to boost the household income to high....

 

[KidsBestInteres]

Thank you!

Thank you for responding! I figured I would have to modify the divorce... I didn't know colleges will ask for HOUSEHOLD income only so this is a HUGE relief for my daughter and me. Thank you to all who responded!

 

[Grandma B]

How does your decree read regarding the end of child support payments for each child? Since your daughter is about to enter college, I'm guessing she must be 18 (or near it). At the time she is dropped from his support payments, he'll no longer have the right to claim her on his taxes since he'll no longer be providing support for her. There are currently very good tax credits for education and once he's not supporting her, they belong to you or your daughter (if she's earning money). I hope you are also aware that you have the right to file as head of household and to the child tax credit for all your children even though he is allowed to claim one/two of them each year.