Curious

[Brina1981]

West Virginia..... I am curious about something. My kids father claimed our children on his income taxes so instead of getting back 800 like he was suppose to he got back over 6000 because of the earned income tax credit. This would be all fine and dandy except he doesn't provide ANY support for them or live with us. Am I wrong or is it illegal for him to do this?

 

[Proserpina]

West Virginia..... I am curious about something. My kids father claimed our children on his income taxes so instead of getting back 800 like he was suppose to he got back over 6000 because of the earned income tax credit. This would be all fine and dandy except he doesn't provide ANY support for them or live with us. Am I wrong or is it illegal for him to do this?

Is he actually ordered to pay child support?

Are there ANY court orders in place?

 

[LdiJ]

West Virginia..... I am curious about something. My kids father claimed our children on his income taxes so instead of getting back 800 like he was suppose to he got back over 6000 because of the earned income tax credit. This would be all fine and dandy except he doesn't provide ANY support for them or live with us. Am I wrong or is it illegal for him to do this?

It may be flat out tax fraud for him to do that. If he did not live with the children for more than 1/2 of 2010, he had no legal right to claim EIC for the children, or in fact, to claim them on his tax return without you signing a form 8332.

Now, if you all lived together for more than 1/2 of the year, then what he did was not illegal, but still might not fly under the tiebreaker rules.

So, can you please clarify? Also, do you work? If so, how much did each of you make (if you know how much he made)? If you are not working who is providing the children's support?

 

[Brina1981]

No he is not ordered to pay child support and there are not court orders.

No he didn't live with us any of 2010. I live with my aunt and grandfather who provide their financial support because we had the agreement that if I moved in to help take care of them while I was in school they would take care of everything else. They are both disabled, my grandfather has Alzheimer's, and did not have to file taxes.

 

[LdiJ]

No he is not ordered to pay child support and there are not court orders.

No he didn't live with us any of 2010. I live with my aunt and grandfather who provide their financial support because we had the agreement that if I moved in to help take care of them while I was in school they would take care of everything else. They are both disabled, my grandfather has Alzheimer's, and did not have to file taxes.

Then you and he combined did not provide more than 50% of the children's support, therefore neither one of you should have claimed them, and he committed tax fraud in claiming EIC for them.

He should be reported to the IRS.

 

[artbuc]

Then you and he combined did not provide more than 50% of the children's support, therefore neither one of you should have claimed them, and he committed tax fraud in claiming EIC for them.

He should be reported to the IRS.

LDiJ, if mother had a contract with her aunt/grandfather whereby she was paid for her caretaking services and she used that payment to support her children (pay aunt/grandfather for children's share of utilities, food & shelter, etc) would she then be able to claim the children? Even if there isn't a formal exchange of money, can't the mother have a barter arrangement with aunt/grandfather that would be accepted by the IRS? Thanks.

 

[TinkerBelleLuvr]

Do either the aunt or grandfather have taxable income? If so, THEY could claim the children, along with the status of HOH. Realize that they will have to file paper returns. The returns will be flagged and later in the year, the IRS will be asking $$ back from one of the parties - guess which one that will be?

 

[LdiJ]

LDiJ, if mother had a contract with her aunt/grandfather whereby she was paid for her caretaking services and she used that payment to support her children (pay aunt/grandfather for children's share of utilities, food & shelter, etc) would she then be able to claim the children? Even if there isn't a formal exchange of money, can't the mother have a barter arrangement with aunt/grandfather that would be accepted by the IRS? Thanks.

That one would be very iffy. Are you supposed to report income earned through bartering? Yes, absolutely. Would the IRS seriously question income earned through bartering in this particular manner, particularly if EIC was claimed for the children and social security credits were earned through self employment? Yes again, absolutely.

So, its really a bit of a catch 22.