Couple disagreement on irs filing

[JGreen]

What is the name of your state? MS

I work for a company out of TX, but work all over the united states.
This thread goes in conjuction with one in 'child support'
My girlfriend of 2 years and 2 kids.
She has made a total of $2k TOPS last year and paid in NO taxes. She seems to believe she can claim herself and both kids and recieve $4,000 in refund.
I've supported all three of them, and obviously have the higher AGI. She wants(wants should be demands) to claim herself and the 2 kids claiming the EIC and leave me hanging, knowing I'll owe because I had like 2 on my w-4 and the fact that I'm being audited for 2004. I know she cannot claim the kids legally because we ALL lived together and I supported them, she alone dosen't have a qualifying child being that I have the higher AGI. I should claim all 3 of them to offset what I might owe, including the audit.
She refuses to seek advice other than what "mommy" says. I'm trying to do what's best for US, not me. If I did allow her to claim them I'd be screwed, period.
What gives, am I missing something here?
I understand if she claims them she can get the EIC, BUT when I claim them as well I will get the credit because my AGI is higher. Which is the way it should be, I should get the tax break, I supported them. If she gets it we're just gonna have to turn around and use it to pay the IRS anyway, correct??????

 

[TinkerBelleLuvr]

Is your child the qualifying child of another taxpayer?
For tax years 2005 and later, if two or more persons have the same qualifying child, they can choose which one will claim the child related benefit using that child. The child related benefits are the dependency exemption, the child tax credit, the credit for child and dependent care expenses, the earned income credit, and head of household filing status. If more than one person actually claims one or more of these benefits using the same qualifying child, only one will be entitled to claim these benefits using that child, as follows:

The parents, if they file a joint return,
The parent, if only one of the persons is the child's parent,
The parent with whom the child lived the longest during the tax year, if two of the persons are parents of the child,
The parent with the highest AGI if the child lived with each parent for the same amount of time during the tax year, or
The person with the highest AGI, if none of the persons is the child's parent.

http://www.irs.gov/taxtopics/tc601.html

 

[VeronicaLodge]

if you married and then had kids, this wouldnt be a problem

 

[JGreen]

if you married and then had kids, this wouldnt be a problem

tHAT'S beside the point, we ARE NOT MARRIED AND WE HAVE KIDS, can't change the past, you ever make a mistake, prolly not, huh?
Why boil over what "shoulda" been done, why not give me some advice to make it better?
I feel sorry for your husband, if you have one.

 

[JGreen]

http://www.irs.gov/taxtopics/tc601.html

yea i know that, but she dosen't believe it, she only believes what mommy tells her.

 

[VeronicaLodge]

tHAT'S beside the point, we ARE NOT MARRIED AND WE HAVE KIDS, can't change the past, you ever make a mistake, prolly not, huh?
Why boil over what "shoulda" been done, why not give me some advice to make it better?
I feel sorry for your husband, if you have one.

JGreen, read my other post to you in the other thread please. and yes I have made mistakes, lots of them, I just accept responsibility and the consequences for the situations I create. Trust me I am NOT perfect nor do I claim to be.

 

[JGreen]

JGreen, read my other post to you in the other thread please. and yes I have made mistakes, lots of them, I just accept responsibility and the consequences for the situations I create. Trust me I am NOT perfect nor do I claim to be.

That's my point, i HAVE accepted responsibility and the consequences of the situations I have created. NOW, I'm trying to do what is best in all our interests and needed a little advice, yet I got drilled, not just by you but by several others in the other thread like I am some deadbeat dad. If anything they should be deadbeat moms. I"m the one trying here. That's why I get angry , I try and try and the court continues to take thier side. They reap the benefits of a marriage, while I get none yet am stuck with the "consequences" of "disadvantages" of one.

 

[VeronicaLodge]

I know you have, I'm jaded by the posters on this site, please forgive me.

/grovel

 

[JGreen]

I know you have, I'm jaded by the posters on this site, please forgive me.

/grovel

No apology needed. I just don't want anyone having the wrong impression. I know there are several "dads" that couldn't care less, I'm just not one of them.

 

[VeronicaLodge]

eh its not just 'dads' its everyone "i got a parking ticket, yes i was parked illegally, how do i get out of it" "i got my first dui, i was only a little drunk and not far from home and it wasnt my fault, help" "creditor wont stop calling, yes i borrowed money and bought stuff and didnt pay, but thats not my fault" and on and on and on.

seriously, with you, do you really want to stay with this woman? there are far better women out there, i promise. you can get visitation and pay support and let "her" support herself.

 

[JGreen]

eh its not just 'dads' its everyone "i got a parking ticket, yes i was parked illegally, how do i get out of it" "i got my first dui, i was only a little drunk and not far from home and it wasnt my fault, help" "creditor wont stop calling, yes i borrowed money and bought stuff and didnt pay, but thats not my fault" and on and on and on.

seriously, with you, do you really want to stay with this woman? there are far better women out there, i promise. you can get visitation and pay support and let "her" support herself.

I'm afraid that may be what it comes down to.

 

[>Charlotte<]

JGreen, it's going to sound like I'm just beating you up, but stay with me here.

You're resentful about anyone bringing up your past. You keep saying the past is the past, what's done is done, nothing you can do about it now, quit harping on it. What you need to understand is that the past does matter. Whether it's setting yourself up for a fall if you establish child support, or your girlfriend being able to keep your kids from you, or committing welfare fraud, or being vulnerable for back support, or who can claim whom on whose taxes--the hard fact is that a lot of your problem is because of those choices you made, so you can't just discount those choices now. That's why your past matters, and that's why your past is relevent to whatever help anyone can offer you. That's why you came here. For help, right? Well, unfortunately, there's not a lot of help anybody here (or anywhere) can give you. And the reason? Because of the choices you made in the past that you want us to quit harping about.

You're struggling financially. Well, you don't make a lot of money and you have three kids. Of course you're struggling. Can't help you there.

If your girlfriend goes on welfare, you're going to have to pay child support. That's a problem because you chose to have children with a woman you're not married to. Can't help you there.

You might end up paying back support. See above. Can't help you there.

She could leave with the children and your time would be very limited. You certainly couldn't see them any time you want. See above. Ditto.

As far as the taxes are concerned, you might have some relief there. I don't know. A tax expert will have to answer that question. But one thing you haven't made clear is whether you are legally the children's father. I don't mean biologically, I mean legally. There's a difference, and if you're not married it takes more than just acknowledging them as your children. If you're not, that's going to be a problem for you.

I know you don't want to be trapped. But you are trapped. You set the trap. There's just not going to be an easy way out and, unfortunately, for some of your problems there is no way out.

The only "help" anyone might be able to give you is to advise you to do something you don't want to do. You need to consider breaking up with her and getting an order for child support and visitation. You will, at least, then have some kind of protection and control where your children are concerned. On the positive side, you will have to help support your children but you will no longer have to support her. And she's not going to be able to get away with saying she only makes $2k a year or can't find a job. Right now, you're giving her a free ride. Also your choice.