Claiming dependants on Tax Return

[mcwjjm]

What is the name of your state (only U.S. law)? Ohio. Never married to mother. We share two children. She has decided to seperate and move next month and informed me she's claiming our two children. For the last two years we split the refund. Before that she kept the entire refund even when I claimed them because she wasn't working and couldn't file. Before I file a paper return I was curious who was rights to the refund.

Since she moved back in with me [2 years ago] she has never paid anything toward the mortgage, any of the utilites. I've paid the vast majority of our children's daycare and tuition [yes, I have receipts]. The only thing she has contributed is help with food via her EBT benefits. It varies depending on the stauts of her employment. She only began working F/T about three months ago, so the benefits have been reduced. But even with her the MAX aid she received I have shown her charges on my bank card equal to that amonut I still pay out of my pocket every month. Her max benefit was $350 and now is down to $100. We basically split the cost of clothing and other expenses like X-Mass / birthdays or anything else that comes up.

I know I've provided 80-90% of the support of our two children and have proof for that but how does the I.R.S look apon this with unmarried couples? Thanks in advance.

 

[stealth2]

Has a court LEGALLY declared you as the father?

 

[mcwjjm]

No, we've never gone through the courts. except for about a year they've always lived with me. During that time we didn't go through the courts for C/S. We handled that ourselves. For the oldest child the hospital has me as the father. There was some sort of paperwork mixed at the hospital up on the youngest. Both have my last name and I'm listed on the birth cerificates. They're also listed as dependants on my health care. Thanks.

 

[Ohiogal]

Hold on for LD but quite frankly mom may get to claim them as she is the only one with a legal claim for custody. Of course there is the whole definition of support which goes for you.

 

[mcwjjm]

Next week I'll file to establish my parental rights as well as get the ball rolling with opening up C/S procedings. This time around I'll be proactive rather than reactive.

 

[LdiJ]

Since he is on the birth certificates the IRS will accept him as the father.

If he can prove that he lived with mom and the children for all of 2008 (making them both the custodial parents in the eyes of the IRS) then for 2008 ONLY, since he has the higher AGI, he would win the tiebreaker with the IRS. NORMALLY

However, the IRS cross references welfare claims when there are duplicate claims....and I can just about bet that mom's welfare application did not include that dad lived there and was sharing the expenses....particularly since he stated that mom's benefits have gone down now that she is working more. And even if it did state that dad was living there and sharing the expenses it would be good for 2008 only, for 2009 forward mom would be the only one with the right to claim the children under the tax code.

 

[mcwjjm]

Thanks LDj - At this point I'm just considering 2008. Hopefully these matters will be resolved in court when nest tax season rolls around.

Mom pulled some shady stuff to get her benefits, like using relative / friends address' but I'm pretty sure the children's school has my address listed for the entire 2008 school year and 2009. I'm sure I can find plenty of letters addressed with my address around the house. If I can prove she lived here in 2008 then wouldn't the burden be on her to prove to the I.R.S. otherwise? Thanks.

 

[LdiJ]

Thanks LDj - At this point I'm just considering 2008. Hopefully these matters will be resolved in court when nest tax season rolls around.

Mom pulled some shady stuff to get her benefits, like using relative / friends address' but I'm pretty sure the children's school has my address listed for the entire 2008 school year and 2009. I'm sure I can find plenty of letters addressed with my address around the house. If I can prove she lived here in 2008 then wouldn't the burden be on her to prove to the I.R.S. otherwise? Thanks.

Normally yes, however the IRS is likely to go with the welfare rolls.

 

[CourtClerk]

I'm wondering if the welfare authorities know that you were living in the home with the children, supporting them while she was taking taxpayer dollars....

 

[Just Blue]

I'm wondering if the welfare authorities know that you were living in the home with the children, supporting them while she was taking taxpayer dollars....

Based on the OP's postings, I would say NO! Wanna bet that Mom said she doesn't know who Dad is??? Otherwise Dad's income would be factored in to the EBT equation and Mom wouldn't be getting benefits.

Fraud has been committed here...OP, you should seek legal advice from a criminal attorney in your area.

 

[Ohiogal]

Thanks LDj - At this point I'm just considering 2008. Hopefully these matters will be resolved in court when nest tax season rolls around.

Mom pulled some shady stuff to get her benefits, like using relative / friends address' but I'm pretty sure the children's school has my address listed for the entire 2008 school year and 2009. I'm sure I can find plenty of letters addressed with my address around the house. If I can prove she lived here in 2008 then wouldn't the burden be on her to prove to the I.R.S. otherwise? Thanks.

And you benefited from that shady stuff so therefore you participated in welfare fraud. Nice. Make sure you realize that if you bring that up you will end up in a heap of trouble legally as well.

 

[mcwjjm]

And you benefited from that shady stuff so therefore you participated in welfare fraud. Nice. Make sure you realize that if you bring that up you will end up in a heap of trouble legally as well.

All I know is what little infomation she shares with me. She said a few years ago that she was trying to use other address' but did she actually follow through? I honestly don't know for a fact [have documentation] that she did anything illegal. How can anyone prove [even her] to what extent I participated or even was aware how she handled her business? She has no emails to me on this subject. It wasn't like I signed or witnessed her signing any documents. I have no idea how long she's had these benefits or if and when she may have participated in or received benefits fraudulently. How was I to know she may have lied on any documents? The fact is to this day I don't know what she may have done. No one can prove I even knew she was receiving any benefits let alone the legal nature in which she received them. .

 

[mcwjjm]

Since he is on the birth certificates the IRS will accept him as the father.

I should mention that I've claimed both children on my tax return for at least the last three [3] years due to her inconsistent work pattern. Maybe one or two years she claimed one, or both, on her return. Should also add that when I re-opened our C/S case yesterday they have me on our file a affidavit for paternity for both children.

 

[Ohiogal]

All I know is what little infomation she shares with me. She said a few years ago that she was trying to use other address' but did she actually follow through? I honestly don't know for a fact [have documentation] that she did anything illegal. How can anyone prove [even her] to what extent I participated or even was aware how she handled her business? She has no emails to me on this subject. It wasn't like I signed or witnessed her signing any documents. I have no idea how long she's had these benefits or if and when she may have participated in or received benefits fraudulently. How was I to know she may have lied on any documents? The fact is to this day I don't know what she may have done. No one can prove I even knew she was receiving any benefits let alone the legal nature in which she received them. .

The court is NOT going to buy this. Quite frankly you are expected to know where the money is coming from in your house. Caselaw in Ohio is very specific on this. You knew she was able to buy food or there were not medical bills when the child went to the doctor or what not, OR you should have known. You should have questioned how she got the benefits. You are presumed to know. YOu do not get to plead ignorance.

 

[LdiJ]

The court is NOT going to buy this. Quite frankly you are expected to know where the money is coming from in your house. Caselaw in Ohio is very specific on this. You knew she was able to buy food or there were not medical bills when the child went to the doctor or what not, OR you should have known. You should have questioned how she got the benefits. You are presumed to know. YOu do not get to plead ignorance.

I agree wholeheartedly with this. If you were one of my tax clients I would advise you to give up on the exemptions for 2008, and deal with the future in court.

However, please be aware for 2009 forward, that the IRS will not accept a court order. The IRS will only accept a form 8332. Therefore make sure that your orders contain a clause ordering mom to sign form 8332. Don't just rely on a court order. Many courts are still not including that language in their orders regularly.