Alimony ?

[Sandy53]

What is the name of your state (only U.S. law)? PA
My daughter is seperated from her husband. She is on unemployment but is living with someone. There are three children from the marriage. The oldest wants to stay with dad, the youngest is staying with daughter and the middle goes from house to house depending on how he is feeling at the time (who will he get the most toys from...)
Is my daughter entitled to Alimony and child support for the one that she has with her all the time ? The husband has two jobs and lives with his mother, father, sister, her two kids among some pets . The oldest is 16 and the second one is 10 , the youngest that she has is 3. As far as I know he is still paying the medical on the kids .
She just found out that he has claimed all three children on the income tax even though he only has one permanently with him at this time.
Is that allowed ? Hopefully since she has filed this will raise a flag on his income tax . She has put out more as far as medical, food, clothing expenses than he has.
Thanks for any input.

 

[Silverplum]

3rd party question.

What is the name of your state (only U.S. law)? PA
My daughter is seperated from her husband. She is on unemployment but is living with someone. There are three children from the marriage. The oldest wants to stay with dad, the youngest is staying with daughter and the middle goes from house to house depending on how he is feeling at the time (who will he get the most toys from...)
Is my daughter entitled to Alimony and child support for the one that she has with her all the time ? The husband has two jobs and lives with his mother, father, sister, her two kids among some pets . The oldest is 16 and the second one is 10 , the youngest that she has is 3. As far as I know he is still paying the medical on the kids .
She just found out that he has claimed all three children on the income tax even though he only has one permanently with him at this time.
Is that allowed ? Hopefully since she has filed this will raise a flag on his income tax . She has put out more as far as medical, food, clothing expenses than he has.
Thanks for any input.

 

[Ohiogal]

What is the name of your state (only U.S. law)? PA
My daughter is seperated from her husband. She is on unemployment but is living with someone. There are three children from the marriage. The oldest wants to stay with dad, the youngest is staying with daughter and the middle goes from house to house depending on how he is feeling at the time (who will he get the most toys from...)
Is my daughter entitled to Alimony and child support for the one that she has with her all the time ?

Your daughter can be supported by her boyfriend. Alimony would be for her and if she is committing adultery she may very likely not get any. For child support she would also have to pay child support. For the child living with the ex and maybe the one splitting time. She shouldn't count on it.

The husband has two jobs and lives with his mother, father, sister, her two kids among some pets . The oldest is 16 and the second one is 10 , the youngest that she has is 3. As far as I know he is still paying the medical on the kids .

That is cool.

She just found out that he has claimed all three children on the income tax even though he only has one permanently with him at this time.
Is that allowed ? Hopefully since she has filed this will raise a flag on his income tax . She has put out more as far as medical, food, clothing expenses than he has.
Thanks for any input.

Really? How when she is unemployed?

 

[LdiJ]

When, exactly, did they separate?

 

[nextwife]

When, exactly, did they separate?

Yup. Because who is living with whom NOW is irrelevant to a tax filing for 2008. What matters was who was supporting whom in 2008.

Is daughter looking for a job? Unemployment will run out eventually.

 

[mistoffolees]

Yup. Because who is living with whom NOW is irrelevant to a tax filing for 2008. What matters was who was supporting whom in 2008.

That's not particularly relevant, either.

She's married, so she has two choices - married filing jointly and married filing separately. Who provides the support doesn't directly affect that choice.

 

[LdiJ]

That's not particularly relevant, either.

She's married, so she has two choices - married filing jointly and married filing separately. Who provides the support doesn't directly affect that choice.

However who lived with whom, and when, does factor heavily into who claims the children, and actually can effect the filing status as well if they separated before July 1, 2008.

 

[mistoffolees]

However who lived with whom, and when, does factor heavily into who claims the children, and actually can effect the filing status as well if they separated before July 1, 2008.

That's true, but her comment was specifically referring to the tax status:
"Yup. Because who is living with whom NOW is irrelevant to a tax filing for 2008. What matters was who was supporting whom in 2008."