Is this tax fraud

[hobojaba]

What is the name of your state (only U.S. law)? Utah

My ex has one child with me and one with someone else (both children live in UT). I refused to stop child support on him because he lost 4 days a month at his work. I told him to contact ORS to lessen his garnishments. He lives in Henderson, NV and the mother of his daughter doesn't work and has a total of three children, not married and lives off state funds. Legally, can he claim the child on his taxes even though he only sees the children for 4-5 days out of year? She won't be filing taxes because she doesn't work and the children have been in an out of foster care. Will the IRS pick on this as fraud?

 

[CourtClerk]

If this doesn't directly concern you and your child, mind your business.

 

[Dandy Don]

If he is providing their financial support/paying their living expenses, why shouldn't he be allowed to claim them as a deduction? There is an instruction booklet that corresponds to whatever tax form he uses to file, and there are instructions in there that can tell whether he is allowed to claim them or not.

 

[LdiJ]

If he is providing their financial support/paying their living expenses, why shouldn't he be allowed to claim them as a deduction? There is an instruction booklet that corresponds to whatever tax form he uses to file, and there are instructions in there that can tell whether he is allowed to claim them or not.

He is not the custodial parent so he would need form 8332 from the mother to claim the children. However if the children have been in foster care for more than six months of 2008, then the foster parents may have been the ones legally entitled to claim the children....so it gets murky.

 

[hobojaba]

Okay, thank you. He is hardworking and wouldn't want him to get into too much trouble by making a dumb mistake. I didn't want to warn him if there was nothing to be concerned about. I DOES directly concern my child if he is convicted - but since the other mother cannot exaclty claim taxes because she isn't working, then all should be okay. Thank you for your input

 

[LdiJ]

Okay, thank you. He is hardworking and wouldn't want him to get into too much trouble by making a dumb mistake. I didn't want to warn him if there was nothing to be concerned about. I DOES directly concern my child if he is convicted - but since the other mother cannot exaclty claim taxes because she isn't working, then all should be okay. Thank you for your input

All is NOT necessarily OK.

He wouldn't go to jail, but if someone else claims the child who has a legitimate right to do so, he could end up having to pay back the excess refund plus interest and penalties. Its also critical that he NOT claim EIC, because he is NOT eligible for that.

 

[hobojaba]

All is NOT necessarily OK.

He wouldn't go to jail, but if someone else claims the child who has a legitimate right to do so, he could end up having to pay back the excess refund plus interest and penalties. Its also critical that he NOT claim EIC, because he is NOT eligible for that.

By EIC you mean "earned income credit" right? From what I do remember you have to have worked and had custody of the child for more than 6 months out of the year. So, he should be careful with the foster care situation and to be sure not to claim EIC since he doesn't get to visit much living out of state and all. Isn't there a new bill that will allow both parents to claim a child on their taxes? That would be fair since one has custody and the other pays child support. Your advice is very helpful - thank you

 

[LdiJ]

By EIC you mean "earned income credit" right? From what I do remember you have to have worked and had custody of the child for more than 6 months out of the year. So, he should be careful with the foster care situation and to be sure not to claim EIC since he doesn't get to visit much living out of state and all. Isn't there a new bill that will allow both parents to claim a child on their taxes? That would be fair since one has custody and the other pays child support. Your advice is very helpful - thank you

You are too involved in this situation and I am no longer willing to give you advice to give your ex...you are too interested and too potentially putting you ex at risk for reasons that make no sense.

 

[Dandy Don]

You really do not need to be worried about your ex and what he claims or doesn't claim. If he makes an improper claim, it is not very likely that he would be paid something he is not entitled to--the IRS is going to scrutinize his claim (just like everyone else's) very carefully, and if there is a problem they are going to catch it and send it back to him for correction before a refund is ever issued, IF he is even entitled to a refund.