Please Help - X-Husband is threatening to Sue

[Dale179]

What is the name of your state? TX

My wife's children have lived with us for many years now. They are currently
17 yrs and 18 yrs old. We have already filed our taxes and have claimed
both boys because they lived with us in all of 2006 and they still do.

The ex-husband wants to LIE to the government and make the boys appear to
be "independent" and therefore he wants to get them FREE SCHOOL.

We will not lie on our taxes. And we have told him this. But he says he will
take us to court because he has every right to claim them because he paid
for more than 50% of their expenses. He may have paid more than 50%,
we're not really sure. It's probably about even.

Does he have the right to claim them even though they did not live with him?

Dale

[xylene]

Originally Posted by Dale179

What is the name of your state? TX

My wife's children have lived with us for many years now. They are currently
17 yrs and 18 yrs old. We have already filed our taxes and have claimed
both boys because they lived with us in all of 2006 and they still do.

The ex-husband wants to LIE to the government and make the boys appear to
be "independent" and therefore he wants to get them FREE SCHOOL.

We will not lie on our taxes. And we have told him this. But he says he will
take us to court because he has every right to claim them because he paid
for more than 50% of their expenses. He may have paid more than 50%,
we're not really sure. It's probably about even.

Does he have the right to claim them even though they did not live with him?

Dale

He is going to take you to court to force you to lie on your taxes?

I don't get why you are worried about that.

[Dale179]

So he shouldn't have any right to claim them because they didn't live with him?

[LdiJ]

Originally Posted by Dale179

So he shouldn't have any right to claim them because they didn't live with him?

Under the tax code the exemption for the children belongs to the parent with primary residential custody, as long as both parents, combined, pay more than 50% of the children's expenses. The only way that dad could get the exemption is if your wife agrees, and gives him a signed form 8332.

So no, dad does NOT get the exemption, and if he takes it, he will end up paying his excess refund back.

[fairisfair]

what does the custody order say about claiming the children on taxes?

[efflandt]

Something is fishy about claiming to try to make them independent to get them free school (financial aid), when he really wants to claim them as dependents for the tax deduction. How would that help the boys at all?

[LdiJ]

Originally Posted by efflandt

Something is fishy about claiming to try to make them independent to get them free school (financial aid), when he really wants to claim them as dependents for the tax deduction. How would that help the boys at all?

I suspect that what is really going on is that dad wanted to claim the kids, and therefore wanted mom not to claim them, and made up a story that he thought would be convincing.

If dad had really believed (inaccurately) that the children not being claimed as dependents would make them eligible for financial aid, without their parent's incomes being taken into consideration, then he wouldn't have turned around and threatened to claim them himself.

[xylene]

Originally Posted by LdiJ

If dad had really believed (inaccurately) that the children not being claimed as dependents would make them eligible for financial aid, without their parent's incomes being taken into consideration, then he wouldn't have turned around and threatened to claim them himself.

Unless he was stupid or pissed. I think it is reasonable to surmise he was pissed that mom didn't want to go along with his fraud / scheme to save some cash so he wants to cost mom something.

Still doesn't make a lot of sense.