What is the name of your state? Mass
My boyfriend is in the process of divorcing his wife. They have lived apart for two years and she is the custodial parent. They have 4 children together. His child support is payroll deducted at a rate of $98. a week, that goes directly to the state DOR (His choice). He also covers all of the children's health insurance ($88. a week). His wife is on welfare and receives only $50. a month more than she would if he didn't pay support.
His wife worked very little (if at all) last year. So the majority of the support is really given by the state, though he pays the state and they in turn pay her in cash and benifits (foodstamps, housing, that kind of stuff).
Ok, now the question... sense she didn't monitarly provide more than 50 percent of the support why can't he claim the children on his taxes? We've asked her to sign Form 8332 and she is refusing. We've asked her to allow him to claim two of the children, and she's still refusing.
I've tried to explain to her that if she claimed HOH and 2 kids, she'd get a standard deduction of $12,900. She didn't make near that amount last year and would get all of her taxes back. And she'll be able to get the full EIC for the two kids. And so wouldn't he.
Does he have any legal rights? Any ideas? Please help. Laura
PS: Any ideas on getting this figured out for future years? He's proceding with the divorce and we could use the advice. Thanks again.
My boyfriend is in the process of divorcing his wife. They have lived apart for two years and she is the custodial parent. They have 4 children together. His child support is payroll deducted at a rate of $98. a week, that goes directly to the state DOR (His choice). He also covers all of the children's health insurance ($88. a week). His wife is on welfare and receives only $50. a month more than she would if he didn't pay support.
His wife worked very little (if at all) last year. So the majority of the support is really given by the state, though he pays the state and they in turn pay her in cash and benifits (foodstamps, housing, that kind of stuff).
Ok, now the question... sense she didn't monitarly provide more than 50 percent of the support why can't he claim the children on his taxes? We've asked her to sign Form 8332 and she is refusing. We've asked her to allow him to claim two of the children, and she's still refusing.
I've tried to explain to her that if she claimed HOH and 2 kids, she'd get a standard deduction of $12,900. She didn't make near that amount last year and would get all of her taxes back. And she'll be able to get the full EIC for the two kids. And so wouldn't he.
Does he have any legal rights? Any ideas? Please help. Laura
PS: Any ideas on getting this figured out for future years? He's proceding with the divorce and we could use the advice. Thanks again.