Claiming kids in Texas

I LIVE IN TEXAS AND HAVE BEEN DIVORCED FOR ONE YEAR NOW. I PAY CHILD SUPPORT THROUGH THE SYSTEM AND DUE TO MY WORKING SCHEDULE I HAVE MY GIRLS AT LEAST 10-15 DAYS OUT OF THE MONTH. SO I FINACIALLY SUPPORT THEM BOTH WAY. IS THEIR ANY WAY I CAN CLAIM HEAD OF HOUSE HOLD OR AS DEPENDANTS.
if there was an option to split the dependants MY EX WOULD NOT DO THAT.SHE IS VERY SELFISH, SHE IS BEING CHARGED FOR DUI AND CHILD ENDANGERMENT BY THE STATE IN WHICH WE RESIDE, SO I AM TRYING TO GET FULL CUSTODY OF THEM, BUT FOR KNOW MY MAIN CONCERN IS HOW CAN I FILE MY TAXES AND WHAT FORMS SHOULD I USE???

I am not an attorney and not a CPA. . .


If you provided over 50% of all of your girls' support and they resided with you for 50% of the time then you can file as head of household even if your ex claims them as dependants. This will give you a little extra tax credit. I would try to convince your ex to let you claim at least a child because then that would possible open up the option of Earned income credit. Make sure that if you itemize that you include things that you paid of the girls' that is not included in child support. . .medical, school tuition, and other deductible expenses.

Good luck, we need more dads out there like you.

I was just going over my divorce decree to see if it stated anything about tax filing and it only say we have to file an individual income tax return in accordance with the internal revenue code for 1999 and 2000. this does not mean i cant file head of house hold,just not a joint return..yes?
thanks for the final comment ,that means alot to me..


[Edited by GR8DAD on 01-27-2001 at 10:17 PM]

Sorry it took so long to respond. . . been busy

I am not an attorney. Please do not take my advice in lieu of an attorney's, but if that is EXACTLY what your decree says, it appears that the only constraint that you have is that you have to file as unmarried. I would still try the head of household option. If your decree doesn't say that your ex gets to take the kids as dependants, then she has no legal rite to take them. If you just agreed in words then you could take them as dependants, just make sure that you file your return before she does. The IRS is pretty good about catching people who take dependants twice. Before getting yourself into legal trouble with your ex, I would consult the attorney that prepared your divorce. That person is most familiar with your specific situation.

Good luck