Betrayed

What is the name of your state?Oklahoma
My situation is that since the tax filing year of 2000, I have claimed my son as a dependant, with the compliance of my ex husband. Now, after I have already filed my taxes for the year 2004 in which again I claimed my son and already received my return, the ex husband says he is going to file his taxes and claim our son as a dependant and he believes that I will be the person that has to repay the IRS. Is this true? In the divorce I could not afford an attorney so we did not get these situations in the divorce decree. He does however pay for anything that is not covered by medical/dental insurance and says that he has the receipts to prove that he pays for the majority of our son's living expenses. He is court ordered to pay $100/month child(we have joint custody) support which he doesn't because he does provide for our son in more important ways. If I do not claim our son then I will have to pay state taxes because through out the year I claim 2 dependants just so I have enough money to pay the bills. What are his rights, or better yet, mine?

Where does your son live?

If your son lives with you, you generally have the better shot at it, but if your ex can prove he is paying the majority of the support, he definitely has a very good position. The bigger question would be why you don't allow your ex to claim the kid if he is willingly paying most of the expenses.

Snipes

Snipes5 said:

Where does your son live?

If your son lives with you, you generally have the better shot at it, but if your ex can prove he is paying the majority of the support, he definitely has a very good position. The bigger question would be why you don't allow your ex to claim the kid if he is willingly paying most of the expenses.

Snipes

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He lives with both of us(joint custody) on a schedule. I do pay half of his support and on the return that I get back I give my ex husband half of what I get back, I gave him $1500 of my return this tax year. But, he now wants to keep that money and still claim our son, after we had aggreed that I could claim him. His pity story is that he has two other children with his current wife that have a lot of medical bills and he needs the money. I am not trying to cheat him out of anything. If he had said no I can not claim our son this year then I would not have done so. But, after the fact, he wants to do this! I just want him to be fair and in my eyes he is not. He pays the major things like his orthodontics, medical exams that are not covered by his insurance, because I can not afford to do so and do not have insurance. I am not out for money, if I was I would have taken the home that we aquired together in which his new wife moved into then they sold, I didn't ask for a dime of it, they put that money down on building a new home. I believe that I do deserve to claim our son and get the $2500 back annually, but, again annually I still give him half of that. I do this because I would have to pay taxes back, I get back more than he would if he claimed him and I give him what he would lose and sometimes more. He is being vendictive I believe because he, even though he is married, is jealous that I am going to be married in about a month and have moved on with my life. None of this came about until I discussed my marriage with him(because of our son). I just want some advice, so if anyone has any I would love to hear it.

Thanks!

T.

makings_of_me said:

He lives with both of us(joint custody) on a schedule. I do pay half of his support and on the return that I get back I give my ex husband half of what I get back, I gave him $1500 of my return this tax year. But, he now wants to keep that money and still claim our son, after we had aggreed that I could claim him. His pity story is that he has two other children with his current wife that have a lot of medical bills and he needs the money. I am not trying to cheat him out of anything. If he had said no I can not claim our son this year then I would not have done so. But, after the fact, he wants to do this! I just want him to be fair and in my eyes he is not. He pays the major things like his orthodontics, medical exams that are not covered by his insurance, because I can not afford to do so and do not have insurance. I am not out for money, if I was I would have taken the home that we aquired together in which his new wife moved into then they sold, I didn't ask for a dime of it, they put that money down on building a new home. I believe that I do deserve to claim our son and get the $2500 back annually, but, again annually I still give him half of that. I do this because I would have to pay taxes back, I get back more than he would if he claimed him and I give him what he would lose and sometimes more. He is being vendictive I believe because he, even though he is married, is jealous that I am going to be married in about a month and have moved on with my life. None of this came about until I discussed my marriage with him(because of our son). I just want some advice, so if anyone has any I would love to hear it.

Thanks!

T.

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Since I was in a VERY similar situation I think I can help. First of all, are you the "custodial parent?" If you are and unless there is a court order signed giving one of you the right or alternating right to claim the child you would have the first right to claim the child. Since you have already filed and gotten your refund back I wouldn't worry one more minute, especially since you said you have claimed your son in the previous years. YOu gave him $1500 out of your return, which is the amount his own return would have gone up with the extra child on his. Unless he is low income and could get EIC or the Additional child tax credit. He should be happy that you gave him the $1500 gift and shut up...seems he is not looking out to insure that his son has a comfortable life in both homes just his own. Stop looking out for your ex and worry about yourself.

Legally he hasn't a leg to stand on...the IRS doesn't give a hoot if he pays more of your sons bills or not; they are not in the Domestic Relations department so the only place he can take this up is in court. Which by the way, the best he will get there is an "oh well that's the past" and then possibly get granted an alternating year of claiming the child. Which is what my ex got and he pays more for our "children" than I guess I do. Actually I am married to a man who pays support for his son and all of his medical bills, orthodontic bills, travel expenses ... you name it and still he can't claim his son. In their decree they agreed to alternate years tax years as in my case also. You can get that done through your DR office who inforces your child support, which you may want to make your ex husband aware of you've been excusing him from that obligation which I presume WAS in your Decree. Keep any evidence you have of giving him part of your returns in case he gets frisky and contacts a lawyer, he won't have a prayer.