Can NCP claim 1099 on kids when in arrears?

[candi4687]

Tennessee,
My ex is $5,500+ in arrears with child support. Back in 2002 (year we were divorced) he was behind as well. In 2002 the courts decided that until he was caught up in child support he could not claim the children. I have had medical problems and for the lack of a vehicle to take my son (which will be 5 in June) to preschool or a babysitter so I have been un able to obtain a job so far. My mother has contributed MOSTLY to our household until I can get off my feet or my son starts kindergarten. She has claimed my children every year except for one since both my children were born except for 1 year because my medical problems previously and my ex working off the books.

This year he worked for an employer that has given him a 1099. I have not received a copy like court ordered so I am unaware of how much he has made. Here is the main issue, My mother has already claimed the children as she always has but my ex is also trying to claim our children. He is married and has a 6 month old baby that he should be claiming but for some reason he is not claiming them and he just wants to claim our kids .... I was told by his mother that this is his way of paying up some on the child support since his SS# has been flagged and I will (SHOULD) be the one to receive any money due to him.

I am lost for what is legal in this area. Does ANYONE know possibly what is right in this case from what I have explained so far????

 

[Snipes5]

What is right according to your account is what has already happened, your mother claimed them.

Tell your ex to go have a nice day.

Snipes

 

[candi4687]

Thanks for your advice snipes.
I contacted my EX earlier and let him know that my mother has already claimed our kids and he said he did not F****** care. He claims that he has all rights to claim them since I don't have a job and I mostly rely on my mother's help for support until I get a job. He says that he is still claiming the kids and that my mom is screwed and will be audited now since she did claim them. I just don't want this to back fire in my face and wind up bringing a burden on my mom because this is the only way I can even start to pay her back for all that she has done. My ex admits that the reason for claiming the kids is so that the money he gets will be applied to his arrears for child support. SHOULD I BE WORRIED or should I contact my mother and warn her of what is going on?

 

[Snipes5]

Let your mother know what your ex plans to do. This will give her time to visit a tax professional and get the paperwork in order in case the IRS sends her a letter requesting more information.

You do not need to panic, nor do you need to believe the rantings of your ex-husband. Very angry people tend to make stupid mistakes anyway.

It is important to make sure though, that if your mother did not live with you and the children, that she make sure she did NOT get earned income credit for them, because it appears from your information that she was not entitled to do so.

Your mother should see a tax professional for advice. Any H&R Block office will help her navigate this little situation with no problem.

Snipes

 

[rmet4nzkx]

Well Candi,
Here is the same question from February, https://forum.freeadvice.com/showthread.php?t=235514 although a slightly different story that time so you got different advice, here you said by court order you ex couldn't claim the children by court order until arrears were paid, and different in your most recent post. Why wasn't your problem solved between then and now? Why are you afraid to go to court or to follow the court order? Quit playing games and making your children pawns.

 

[LdiJ]

Thanks for your advice snipes.
I contacted my EX earlier and let him know that my mother has already claimed our kids and he said he did not F****** care. He claims that he has all rights to claim them since I don't have a job and I mostly rely on my mother's help for support until I get a job. He says that he is still claiming the kids and that my mom is screwed and will be audited now since she did claim them. I just don't want this to back fire in my face and wind up bringing a burden on my mom because this is the only way I can even start to pay her back for all that she has done. My ex admits that the reason for claiming the kids is so that the money he gets will be applied to his arrears for child support. SHOULD I BE WORRIED or should I contact my mother and warn her of what is going on?

You have recieved good advice from Snipe but I will add something. Your ex is giving you a "line" when he is telling you that he is doing this so that you will recieve his refund. Someone who is paid on a 1099 is not generally going to have a refund (unless they significantly overpaid estimated taxes...which simply never happens the first year) because no taxes are withheld from their pay...not even social security and medicare. Therefore your ex is doing this to reduce his tax liability...because he OWES serious taxes.

If your order states that he does not get the exemption unless he is current on his child support....and he is NOT current on his child support...AND your mother can prove the amount of support she provides....there isn't anything to worry about.