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nailtech

Senior Member
What is the name of your state? Texas....

I am custodial parent, I have two sons. One 16 one 14…my husband and I claim both boys as dependents on tax return( they live with us)…. My ex who doesn’t make as much as me and my husband is claiming our son(s) on a tax EIC….

Is this legal?? Can I claim them as dependents and the ex husband get an EIC?? even though they did not live or stay with him.. not even one day in the year??


I'm really pissed to know he's getting money for which he has not earned... only paying 71.00 a week in child suppor for two boys and getting free money from uncle sam...
Don't you have to have them live with you for at least 6 or more months out of the year or provide of a living for them to claim them on an EIC??? (earned income credit)...

what can I do to stop him??
 


Snipes5

Senior Member
File and claim both boys. Make sure you file first. If not, IRS may reject your return and you'll have to file the old fashioned way, on paper. If you do, send ALL your documentation, showing where the kids lived.

If you qualify to get EIC for them, do so.

No reputable preparer will prepare his taxes with him claiming EIC for children that did not live with him.

That is illegal.

I believe the IRS has a "fraud" hotline. Give them a call. Be sure that you are able to fully document the fact that the kids live with you. School or daycare records, dr records, etc, if there is ever a question.

Snipes
 

nailtech

Senior Member
I have already E-filed..... so i have beat him on that already, he's still getting his prepared...

and it was a chain tax company J.H. that is doing his taxes, there the one's who told him he could claim both boys as an EIC knowing they have not lived with him...

I claim the boys every year as dependants....
and we do not qualify for the EIC... thats why he's trying to get it...
 

Snipes5

Senior Member
It'll be interesting if he tries to do this and get a Refund Anticipation Loan. His return will reject, and then JH will be out the cash for preparing his return, unless he coughs up the cash. Then they'll have to do it correctly in order to efile.

Snipes
 

nailtech

Senior Member
well i'm not stirring up any stink until i get my direct deposit refund...

my return is correct...

It will catch up with him, all at one time...

Thanks for the info...
 
J

jez51

Guest
Could be he didn't tell JH the truth, or he got a rookie preparer who doesn't understand the EIC rules, one of which is if the kids live with one parent all year but it's not their year to claim them according to CO, they can still file for the EIC if they qualify. I bet this is what is going on with your Ex's return and he's not correcting the mistake with the preparer.
 

nailtech

Senior Member
He (the ex) told me he checked into it, and it's legal, I threw a fit of course.... but it’s his @$$.... I divorced him because he's a dumb @$$... I see nothing has changed...

My husband is pissed about it as well as me... it's not fair... He pays less than 300.00 a month in CS for two kids... contributes nothing other than CS... We pay insurance that he’s ordered to pay... and he's going to most likely get all his money that he's paid in cs back on an EIC... that he doesn't deserve....

I know this company has done his taxes for all the years we have been divorced.. so I don't think it’s not what he’s telling them,……. I think there just trying to get him the biggest tax refund they can… that’s what I think anyway…. I told him it’s illegal, he argued with me and said it’s NOT… he said JH told him its legal….
 

abezon

Senior Member
If the possibility of him claiming EIC for the boys bugs you so much, next year file a Schedule EIC saying that the boys lived with you, even though you don't get EIC. Then they will show up as "claimed" when he tries to get EIC. You may have to file by mail to do this, since a computer program won't let you e-file a form you don't need.
 
M

monnickasmommy

Guest
You get $3400 TAX FREE in child support a year- How do you think those that pay feel that the person getting the TAX FREE child support ? I wish the laws would change on this subject !!! And make the child support taxable. Why not let him claim one child and you get one child make life fare
 

nailtech

Senior Member
monnickasmommy:
Now break that down by the day and it's less than 5.00 a day per child...

Heck it cost 3.00 a day just for school lunch (each)... who do you think pays the rest of their support.... we do..

He does not contribute enough to claim them... in my opinion….

And out of the 5 years we have been divorced, I have let him claim the boys twice....
And in my opinion if we were still married, his whole paycheck would be going to the kids support not just 71.00 a week... we don’t make him pay insurance because it cost to much for him.. He was paying 120.00 a month to insure both boys.. My husband can get them insured for less so we pay it, and he doesn’t reimburse us for it (like the papers say for him to).. So were helping him out... so I’m not completely unfair about things...

abezon: thats a great idea... I will keep that in mind for next year... thanks....
 

nailtech

Senior Member
yeah.... tell him that....

I have asked him if he wanted to give up his legal rights... since he accuses me of "Getting all his money"...
our whole marriage were fights over money... the fact that he was always broke... thats just the way of life when you have kids... I would gladly give up the CS if he would just walk away and not brainwash the kids and not honk at my front door EVERY NIGHT for the kids to come out and talk to him at his truck...

my only question was the legality of him claiming them for an EIC when they didnt live with him...he wont even take them overnight.. (thats his way of not having to feed them cause it cost him too much) there at the 'hole in their stomach, cant fill them up(teenage boy) stage'...

thanks for the info...
 
M

monnickasmommy

Guest
If you don't want to support a child, don't have one.

Snipes

I HAVE TO AGREE ON THIS

MAKE THEM PACK A LUNCH FOR SCHOOLMAKE THAT 16 YEAR OLD GET A JOB AND HAVE HIM TAKE CARE OF HIS LUNCH-
SOUNDS TO ME YOUR WANTING A "NEW" GLASS HOUSE WITH ALL OF HIS SUPPORT MONEY- WHERE DOES YOUR SUPPORT MONEY COME IN, OH YOUR HUSBAND RIGHT ?? WRONG GET A JOB AND SUPPORT THEM WITH YOUR 71.00 A WEEK !!!! PUT THAT IN A ACCOUNT WHERE YOU CAN NOT TOUCH IT AND SEE HOW WE AS PAYING PARENTS FEEL ALL YEAR LONG BROKE!!!!!!!!!!!
 

nailtech

Senior Member
ummmmmm I have a full time job.. my husband works 56 hours a week to support two kids that are not even his.. and he doenst even complain about it... the father is the one who complains...

his 71.00 a week is not even a dent in what it takes to raise a child little lone two... and yes were always broke too... but i'm not complaining about it...

the 16 year old just turned 16... he doesnt drive to get a job... he has no car... because I can not afford another vehicle or the insurance for a teenage boy.. and I know for a fact the father is not going to help with any of it....

we supply the clothes, food, shelter and utilites, health insurance and everything else for the boys... which adds up way more than his input...
The father lives with his parents, has no car payment, no utilites.. he refuses to get a house of his own cause it puts a dent into is spending... He's told me that...

but he can buy the oldest boy a shot gun and a cell phone for xmas, and pay the bill on it all year long... and buy the oldest boys girlfriend a 30.00 xmas gift... and give the youngest boy 25.00 for xmas...

the boy didnt need a cell phone or a shot gun.. he could have bought him shoes or clothes or school supplies instead... SO I'm NOT feeling sorry for him... he's not broke, he just doenst have enough money to spend...

and you should heed your own warning about having kids and complaining about being broke...
 
H

happynow

Guest
monnickasmommy,
What the Hell is your trip???? I pay support for my childern, do everything extra I can, AND take the blunt of the financial responsibility for my 4 step children. I pay to make sure my children have a house, clothes and food..... make the 16y/o get a job???? How about letting the kid be a kid???? Let the Dad, who is responsible pay his fair share to raise HIS kids.The kids shouldn't suffer bacause he's a deadbeat!!!!
 
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