What is the name of your state? California
Can someone help us understand? We were told that the mother (CP) of my boyfriend's (NCP) children has full rights to claiming all of their children each year on her taxes. Is that correct? My boyfriend makes about $40,000 a year, and his ex-wife makes a little less. He brings home approximately $1400.00 a month after child support is attached and he sends a check each month for the difference since the wage attachment cannot legally leave him with less than 1/2 of his disposable income. He pays this faithfully, but when tax time comes around he is unable to claim them and is simply seen as a man who makes $40,000.00 and has no one else but himself to care for. Is this legal that the NCP cannot receive any sort of credit for taking care of his or her children? Their divorce was filed at the end of 2002 and finalized in May 2003. When taxes were filed in 2003, his ex-wife kept the entire tax refund although she was living still with him until she and the children moved away. In Jan. 2004 when he emailed her to let her know that he would claim 2 of their children, they have 4, she stated that she already filed her taxes and it is her right to claim them all since they live with her. The year before when he received a check in the mail, I think it was $400 per kid, not sure...he gave her half although they had been divorced and she had moved away. We thought it was unfair and thought it illegal so asked around and were told that it IS legal. Where is the justice for NCPs? Are we being misinformed? They will be in court over a few other issues at the end of this month and we wonder if it is even worth bringing up that she did not give him 1/2 of the 2002 return, or if he can even ask the courts to order that he and she split the children each year.
Can someone help us understand? We were told that the mother (CP) of my boyfriend's (NCP) children has full rights to claiming all of their children each year on her taxes. Is that correct? My boyfriend makes about $40,000 a year, and his ex-wife makes a little less. He brings home approximately $1400.00 a month after child support is attached and he sends a check each month for the difference since the wage attachment cannot legally leave him with less than 1/2 of his disposable income. He pays this faithfully, but when tax time comes around he is unable to claim them and is simply seen as a man who makes $40,000.00 and has no one else but himself to care for. Is this legal that the NCP cannot receive any sort of credit for taking care of his or her children? Their divorce was filed at the end of 2002 and finalized in May 2003. When taxes were filed in 2003, his ex-wife kept the entire tax refund although she was living still with him until she and the children moved away. In Jan. 2004 when he emailed her to let her know that he would claim 2 of their children, they have 4, she stated that she already filed her taxes and it is her right to claim them all since they live with her. The year before when he received a check in the mail, I think it was $400 per kid, not sure...he gave her half although they had been divorced and she had moved away. We thought it was unfair and thought it illegal so asked around and were told that it IS legal. Where is the justice for NCPs? Are we being misinformed? They will be in court over a few other issues at the end of this month and we wonder if it is even worth bringing up that she did not give him 1/2 of the 2002 return, or if he can even ask the courts to order that he and she split the children each year.
