children's father has court order papers stating he can claim kids

Stephaine - posted on 01/31/2016 ( 4 moms have responded )

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Father of my children has court ordered papers that state he can claim our kids but since the papers have been put in place, he has still allowed me to claim now this year I have claimed kids and now he says I have to give him the money.. he still owes backpay child support but he does pay every month. WHAT DO I DO NOW?! will I be in trouble with IRS?

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Jodi - posted on 01/31/2016

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I think your family and friends are right. But it's done now and you can only move forward. I highly doubt he can get you in trouble for filing taxes if he isn't filing at all. If he decides to do that, then all you have to do is let the IRS know he is avoiding tax by not filing at all, and he would be in more trouble than you would.

Next time he tells you to file for the children, get it in writing that he said this. Then you have some proof that he agreed to you doing it AND retaining the money. Otherwise, just don't do it.

Do NOT hand over the money to him without some kind of receipt that he has signed stating you claimed it and gave the money to him.That way if the scenario plays out and he files anyway, and you are forced to pay it back, you have proof he is double-dipping.

And as a piece of advice.....you are always better off just following the court orders.

Ev - posted on 01/31/2016

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I am not a lawyer and nor is anyone here really. But if he owes back support payments and he claims the kids....where is the money going? I would think it would benefit you more to have the claims on the kids and so on. My friend gets money off her ex's tax refunds for her kids because he owes her back support for them.

Stephaine - posted on 01/31/2016

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Im at work so I dont have paperwork with me to see word from word but i do remember it saying that due to the fact he paid 73% for children he had rights to claim kids. This is the thing, he dont claim taxes, he works for a union ( if makes a differences). When we were going through court case, the judge had to make him file taxes. The court order has been put in place a little over 2 years now, last year I claimed kids and had no trouble he didnt fight me nothing now this year he gives me the ok to file them, waits until after I claim them to tell me I have to give him the money or he is going to report me. I dont want no trouble with law or IRS so Im willing to give money to him but many friends and family tell me he is using me to file the kids so he dont have to file because IRS would keep money due to back pay and/or him not filing each year. Im so scared I dont know what to do right now

Ev - posted on 01/31/2016

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What exactly do your court orders say about him claiming kids on taxes? And when he does file does he give you the money from the refund to go towards this back child support he owes?

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