YOU TELL ME WHAT YOU THINK PLEASE!!

Dehlia - posted on 01/31/2010 ( 87 moms have responded )

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OK ME AND JORDAN (BABY DADDY) SPLIT UP AND HE CLAMED THE KIDS ON THE TAXES AND HE IS GETTING 9K BACK AND IS NOT GIVING ANY OF IT TO ME.... MY MOM IS THE ONE BUYING MOST OF THE STUFF FOR THE KIDS CUZ I DONT HAVE A JOB RIGHT NOW AND HE DONT FEEL HE SHOULD GIVE HER MONEY .... HE GIVES ME 300 A MONTH FOR TWO KIDS AND HE THINKS THATS ENOUGH MY SON IS GETTING TO BIG AND HE NEEDS A TODDLER BED AND HE HAS TO GET WHAT HE NEEDS FIRST ............. TELL ME WHAT YOU THINK??

MOST HELPFUL POSTS

Sherrie - posted on 08/18/2011

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Did he have permission from you to claim them? If he is not the parent that has physical custody more than 50% of the time or if you have legal physical custody he can't just claim them. He basically lied and said that they live with him (you have to put the children's names and social security numbers on the form). Go to the IRS website and look up dependent children, print out the info. If they find out that the children live with you and he lied he could go to jail, have to pay back the money and a fine, maybe both. Let him know that you will not allow him to use your children for his own monetary gain. That your children are intitled to at least half that money. I have known a couple of women who let their ex claim the children, but they had to sign a form giving permission for him to do so. Plus they agreed upon an amount that would be given to them for their children.

Connie - posted on 02/04/2010

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I pay for more than 50% of my daughters needs, therefore I am entitled to claim her on my taxes every year! I also agree, you need to get legal help! I get $300 a month for just one kid and you have 2. You should be able to claim them yourself, if not , then at least every other year! Another place you can get info from, is a womens shelter or womens center. They were very helpful for me.

Veroushka - posted on 02/02/2010

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I'm assuming that you & your kids live with your mom and have been thru 2009. And if you're not working then your mother can claim your kids. If you are the primary caregiver & all documents (SS info, pediatrician info, etc.) are all with your address, then after your mom claim your kids the IRS sends a letter stating the kids have been claimed twice to both parties that claimed the kids. At this point Jordan will have to prove that the kids resided with him for 2009. The IRS will make him pay it back, not you or your mother. You can also call the IRS to find out this information. They'll advise you to do the same thing. It all comes down to who can prove primary residence for 2009. Toll-Free, 1-800-829-1040

Hours of Operation: Monday – Friday, 7:00 a.m. – 10:00 p.m. your local time (Alaska & Hawaii follow Pacific Time).

Now, as far as child support goes, take his @$$ to court. That too can serve as proof that the kids reside with you and your mother. Since you're not working then you should do this ASAP! Good luck.

87 Comments

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C - posted on 11/08/2013

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I think the person that keeps the kids majority of the time should be the one filing on their taxes, whoever works and provides for those kids should get the return now if that person wants to share that is up to them

Kylie - posted on 11/07/2013

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Prove who the child lived with more than six months during the year and report him.

Luvmia - posted on 01/16/2012

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If he does not have legal right to claim the kids on his taxes, I think you should report him to the IRS. I also think you should apply for child support through the local court. $300 per month is not enough for one child let alone two! That is ridiculous.

User - posted on 01/15/2012

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Custody for tax purposes is not a court ordered thing. On the tax forms, it is clear 'Did this child live with you for 6 months or more of the year (or life time if child was born after June of tax year). Period.

User - posted on 01/15/2012

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Federal income taxes state CLEARLY that the non custodiaL parent CANNOT claim the child on the taxes without either a court order or a waiver signed by the mother. A father is required to pay support, (or a mother if the father is the custodial parent) but this does not entitle them to claim on taxes. As my attorney - and his father's also - explained to us, the fact that I get to claim on taxes is factored into the amount he pays me and decreases what he has to pay me. (It is a complicated calculation that involves a lot!) So, if he claimed, you have custody and did not waiver it, he's broken the law, and see an attorney.

User - posted on 01/15/2012

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Federal income taxes state CLEARLY that the non custodiaL parent CANNOT claim the child on the taxes without either a court order or a waiver signed by the mother. A father is required to pay support, (or a mother if the father is the custodial parent) but this does not entitle them to claim on taxes. As my attorney - and his father's also - explained to us, the fact that I get to claim on taxes is factored into the amount he pays me and decreases what he has to pay me. (It is a complicated calculation that involves a lot!) So, if he claimed, you have custody and did not waiver it, he's broken the law, and see an attorney.

Faye - posted on 04/05/2011

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Kansas bases the child support grid on the father's pay and the number of children under 18 he has. My ex it supposed to pay $365 a month for 2 because at the time we divorced his job paid less than $30,000 a year and he had 4 kids. Things are different in each state. While I agree $300 is low for 2 kids there are other factors as well that the judge has to look at.

[deleted account]

If you think he needs to pay more, then take him to court to have the child support modified. Your mom however has no legal grounds to get any money from him at all.

Nikki - posted on 03/23/2010

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If he did not live with you guys for six months out of that tax year he can't claim them for earned income credit ( i think) , I know he gets a child tax credit but that is something totally different. I would seek legal advice and yeah I agree with everyone else , he sounds really "selfish" to me . Sorry for you and your children :(

Gianinna - posted on 03/22/2010

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why would he even claim the kids if the kids live with u and you and your mom are the ones maintaining them? 300 isnt enough for two kids. i have one child and the father pays 300 a month. you should be getting double that or maybe even a little more. My sons father asked me if he could claim my son or even take turns every year and i told him no. Hes backed up on child support wher he owes me close to 10,000 in child support. have u taken him to court for child support or is that just an agreement that you guys made for the $300 a month? if the kids live with you you are the only one that can claim the kids for the income tax. good luck

Jaimee - posted on 03/22/2010

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File a paper correction claiming your children and he will have to pay the money back and you will get whats owed to you!!

Meghan - posted on 03/21/2010

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I flat out told my ex I was claiming my son this year. He is arguing with me about it...he feels since he pays child support he should get a write off...even though I live with my mom, pay her rent, buy all the food, diapers, furnature etc. I just laughed and said okey dokey because I have him 29 days out of the month (at least) and if he wants to get audited that is his call. Like all the other mom's said, call your local tax agency and get a matinance order ASAP! Good luck hun and chin up!

Yolanda - posted on 03/20/2010

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If the kids are living w/you & not him, That EIC should go to the caregiver. Take him to small claims court. You can also ask for an increase from child support.

Alison - posted on 03/03/2010

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I get more then that for one kid. There should thing about taxes to claim kids on taxes with me one kid is every other year I would look intyo about claiming the kids on taxes.

[deleted account]

A person is able to claim a child/children on their taxes if the children/child have lived in their home for 6 months consecutively. If your children live with you, you are the one who should be claiming them, not him. I don't know your whole situation but definitely talk with an attorney, they offer free consultations. Good luck!

Dana Kelli - posted on 02/21/2010

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First of all, if you have full custody of the children and you are not married to this man, it is your decision who claims your children. If you worked you should claim them. If you live with your mother who is buying and taking care of the children and you...your mother should claim them. Since she is providing most of the support.

Is this man (Jordan) ordered to pay you court ordered child support? If he is not, you should go to court and let the court decide what the baby's daddy should be paying you per month.

If you don't have a job and your own place. It would be in your best interest to apply for a Pell Grant and go to school. You will not be able to depend on this man to take care of your children in the future. If doesn't put them first now he never will.

If you are not married, living with your mother all year and you didn't work and your mother does...you should give your mother permission to file the children on her taxes. Since the father has already filed for them and received a refund, your mother would have to file the long way, by mailing the return in. If she has already filed, she will have to go back and file an amended return.

The IRS will investigate both returns and determine who should have claimed the boys. If they lived with your mother all 12 months of the year, your mother will win the case and the baby's daddy will owe the IRS for filing a bogus return.

I hope this helps. I could have given better advice if you would have been a little more detailed. Been through this myself.

Jenn - posted on 02/21/2010

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If the kids live with u full time than he has no right to claim them. Your mom should claim them cause she is buying most of the things. He is not paying u enough for the kids either. U need to go to court about that.

Robertine - posted on 02/20/2010

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I'm a single mom too. I work and I claim my son who is 19 and in college. My ex still has to pay child support as long as my son is in school. The only reason your ex is claiming your children is so he can get the tax refund. He's motive is all wrong. I can see if he was doing this for all the right reasons and he was doing right by the children. He could be doing this also to keep from paying child support. But if you were claiming the children then you would get his tax refund anyway. If you are not collecting child support from him, you should be. Men!!!!

[deleted account]

I believe he is not being fair, maybe you guys can sit down and come to a comprise on spliting the kids up on taxes, each of you claiming a child or every other year if he continues to claim and dont wanna compromise then go back to the courts and have them split who claims who. thats what i did and it works out fine.

Samantha - posted on 02/18/2010

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I went through the same thing with my sons father this year. i support them but he wanted to claim them for six months and let me claim them for six months. since you live with your mother you mother can claim them and you let her go ahead and do it (get it done professionally) the IRS will then look into it because two tax returns will have the same social security numbers on them for dependants MAKE SURE YOU HAVE RECIEPTS TO PROVE YOU PROVIDED FOR THEM diapers, food, bills, clothes, anything at all for them. it will take a little longer but he will not get the money and you will but you need to do something ASAP or else he will have to find a way to pay back all of that money and i don't know how good you two are but i wouldn't do that to my baby daddy good luck hun

Chivonne - posted on 02/18/2010

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o hell no! if he doesngt have custody he shouldnt have claimed them..and ih doesnt want to atleast give u money tell him ur going to call the IRS trust me he doesnt want those problems..

Coty - posted on 02/17/2010

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Definitely take him to court, get child support. He shouldn't have been the one to claim the children. If your mother had been supporting you and your children or whatever than your mother should have claimed them. Let the courts decide who should be allowed to claim them. Its definitely not right that he won't give you the help that he should. Good luck.

Jennifer - posted on 02/16/2010

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Claim them yourself. This happened between my parents YEARS ago. Both claimed my brother and he was with my mom. The IRS came knocking and my dad got caught.

Brenda - posted on 02/15/2010

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Call the IRS TODAY!!! You can still claim them this (09) tax year. He's the one in trouble...not you.

Deonna - posted on 02/14/2010

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My accountant told me as long as I have physical custody, my ex and I have joint with visitation, I claim the kids on my taxes. He only pays 400 a month for two kids, and doesn't help with anything else, that is not even 1/3 what the state says it takes to raise two kids a month. You definitely need to see a lawyer.

Kenyetta - posted on 02/13/2010

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Boo, its call IRS. You can call them and explain to them what's going on. My sister was in same boat as you. I told her the same thing I just told you. My sister gave them her son's social security number and the father's name. The IRS audited him and wrote her a check for the amount he received for HER SON. They also flaged his Social Security Number so that he CAN'T use her son's socisl security number in the near future.

Krista - posted on 02/11/2010

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YOU SHOULDN'T HAVE LET HIM CLAIM THEM. THAT'S NOT FAIR TO YOU OR THE CHILDREN. LET HIM KNOW THAT THIS YEAR IS HIS LAST YEAR CLAIMING THEM BECAUSE THEY LIVE WITH YOU. GET YOURSELF TOGETHER AND GET OUT AND GET YOU A JOB SO YOU WILL HAVE THAT MONEY FOR YOUR KIDS NEXT YEAR..DON'T BE SCARED TO TELL HIM EITHER BECAUSE HE CAN GET IN TROUBLE FOR THAT AND TELL HIM IF HE TRY TO DO THAT NEXT YEAR THAT YOU WILL CALL THE IRS...

Deborah - posted on 02/09/2010

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I think you should go to child support...that's if you're getting it and ask for a modification in other words a increase. He should absolutely give you some of the money. AND! Go and get child support for both you kids!

Karen - posted on 02/08/2010

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Court is the only way , CSEB (Child Support Enforcment) You will be able to Claim them on your taxes , as long as it is wirtten !!! they will help you to file the petition .. Good Luck

Olga - posted on 02/07/2010

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I agree with everyone else...get legal advice, try putting him on child support... Listen my ex claimed our daughter and I claimed our daughter the same year. She lived with me and he only saw her once a week I had full rights to claim her. A year later they went after him to pay the extra he got back for the child credit. your mom has the right to claim you and your babies. Sorry for what your going through. its tough and some men just don't get it... and that is why there is court... its the only way sometimes settle things.

Stephanie - posted on 02/06/2010

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Totally agree with Amanda! You need to go to court and YOU need to claim your children! If they are living with you, you are taking care of them, and you (and your mom) are paying for these children, why is he getting rewarded for it? I hope things get easier for you! 8-)

Earline - posted on 02/05/2010

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First have you taken him to court for child support?then you need to get your self together and start looking for a job . baby these babies didnt ask to be here . and once we have them it's our job to take care of them care for them protect them love them unconditionally. so get his behind in the court system and you stop allowing your mother to do majority of everything for you and your children.we are both mother and father to our babies so it's our job to take care of them .we know whats best for them

Jen - posted on 02/05/2010

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Ps..... it also depends on how recent you two split.... If it was just recently, and he was in the picture the whole time supportng the children AND you then he does have the right to claim them, and head of household, and eic, as long as he supported you and your children for at least 6 months!!!!!!!!!!!!!!!!!!!!

Jen - posted on 02/05/2010

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I have 2 children, different dads.... oldest child, Its court ordered his father pays child support, I have all legal rights, i have sole custody, I pay for everything 365days a year!!! I clame my son every year! youngest child, her father and I have 50/50 placement, which means he's got her just as often as i do, he pays for whatever she needs at his house, i pay for whatever she needs at my place, if she's sick on my time i take her to the doc and pay the co-pay.. same on his end, she's on his insurance. It is agreed that he claims her every other year... I think if there is nothing in writing or court ordered your sol, def seek legal advice, You can have him sign his rights over and then he wouldnt have to pay for child support, he wold have absolutely no say in any matter. However if you go after him for child support, he will get it for back support. I also encourage you to find work, You will feel more confident knowing you are able to provide for your children without HIS help or any one elses for that matter. help from family is ALWAYS nice, I moved back in with my dad and he paid for everything, I was working but not saving, and at first i thought this was the crulest thing a dad could ever tell their kid who has 2 kids living in his home, he said "you have 6 months to move out" I live there with him for about 2 years, and now that i'm on my own, it's the best feeling ever! we have our space, we have our rules, its ours, one of the best thing a mother can teach their chilren is responsability. as well as respect, faith.... being a single mother we need to show our children, their dads (weather their dads be great dads of pos dads) other single mothers, and the world, that we can make it on our own, we dont NEED to have help from anyone! But anyhow, i'm sure i've gotten off track and the subject here,,,,, Good luck and go to court

Chrissy - posted on 02/05/2010

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I did not have to file for 2009 so I let my son's father claim him and he says he will give me some of the return.... if he gets one... since I had his first kid... who is 5 now... he had 2 other babies so he owes the state money and they will be taking most of his return.... plus he has not paid child support for 2 months now. I hope the state takes child support arrears out before he pays the bill for his other 2 kids because I should get it first since my son was the first one born. His mom keeps saying how we should be doing the every other year thing but its not in the custody agreement. He doesn't even abide by the custody agreement and in Decemeber was saying he was going to take me to court for 50/50 custody but has not called me to ask to see his son at all yet and its been 2 months. I know he is too lazy to go to the court house and file for a new court date but if he thinks he will be claiming him ever again he is nuts unless it's ordered by the judge. He would never get 50/50 custody either, he doesn't even see him the 1 day a week he is supposed to... he hasn't for the last 3 years.
I think you need to take him to court just like I need to take mine to court so it's on paper what he can and can't do. I want to see my baby daddy explain to the judge why he gets paid under the table for the "job" he has. He claims he was laid off and was getting unemployment so I got some of that for child support but now he is cut off from unemployment yet still has income. I will also request a drug test... which he won't pass. I don't think any judge on the planet would give him custody. I will be a fulltime student and he's a jobless pothead.

Robertine - posted on 02/04/2010

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Tell me, does he spend time with your kids? I hate to think that he's just claiming them as a tax deduction just to receive a large refund check. 9K is a lot of money and is he not willing to give you some of it? How many kids are we talking here? $300.00 a month is not a lot of money especially if there is more than one child involved.
When you say he has to get what he needs first, are you talking about the daddy? This sounds so selfish to me. When you have kids, they should be first.

Julianne(Julie) - posted on 02/04/2010

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sounds like your ex is a dead beat dad. legally I would think you should be getting more then 300.00 a month for 2 kids. definately the kids should come first and both of you need to put aside whatever differences you have for the sake of the kids. ask your clergy for help for a toddler bed in the mean time. Its sad that your ex is treating his kids that way it really is.

Christina - posted on 02/04/2010

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i think hes a jerk but ur lucky to be gettin 300 a month i get less then 100 an my son dont even no his dad i get food stamps that the only reason im even gettin child support cuz welfare took him but how did he get ur kids ss# the only way he colud get them done is if he had the ss card i thought an i really think u should get legal advice cuz theirs gotta be something u can do seriously hun dont let this go do something about it

Rachael - posted on 02/04/2010

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I know exactly what you are going through. I have two kids by a guy too and he only gives me $325 a month and right now he's not giving me anything b/c he lost his job...I dont know what to do either.

Tiffany - posted on 02/03/2010

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i think who ever has the kid should be the one claiming them on their taxes and who ever has legal custody cause if he dont then u can get him in trouble for it i think thats tax fraud

Amanda - posted on 02/03/2010

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if yall dont have joint custody take him to court...they will make him pay you some of it or the gov. will deal with him for frauding them...good luck girl, i know 300 is not a lot of money but consider yourself lucky...some of us have deadbeat dads...i dont get child support and no matter how many times i take him to court im not goin to get any help from him for our son....take him to court for the child support though...good luck again...

Stephanie - posted on 02/03/2010

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i know exactly what ur dealling with me and my ex split up about 5 months ago and i told him the only way he can claim our daughter is if he split it half with me. and i agree with amanda take him to court cuz 300 dollers isnt enough

Gina - posted on 02/02/2010

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Hello Dahlia,
I just wanted to let you know that for the children's best interest you do need to contact whoever takes care of child support issues in your state. I have been to court numerous times over child support in the last 15 years. My lawyer told me that the child support is based on a formula that they all use. They put the father's income into this formula and compare it with the mother's income. Since you are not working, then they just put his income into this formula that they use. They put in how many children you have together, the father's income, and whether he pays support for any other children. This information is used to calculate how much the court orders the father to pay. All the courts use this same formula, at least in North Carolina they do. I can't speak for any other state though. The main thing to remember is that your children deserve a decent living and they deserve their needs being met. They also deserve a loving father and mother. Try not to belittle your children's father in front of them, because trust me, they will resent it when they get older. Children want to believe that both of their parents love them, even when one of them is not involved as much in their lives. My girls still to this day have deep father wounds and they are 20 and 17 years old. I know this is long, but I want to leave you with this. When my children were 2 and 5 my husband and I split up. I was homeschooling my 5 year old at the time and was not working. I got a part time job and continued homeschooling eventually both of my children for 8 more years. I feel so blessed to have had those years with my girls, because we were able to spend all our time together. We may have not had everything that we wanted, but we always had everything that we needed. I said all that to say, that you and your children can make it. You just have to be determined to stay positive and focus on creating a happy home for your children despite what or how their father acts. I pray that you and your children will be blessed.

Rachel - posted on 02/02/2010

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I hate to beat a dead horse here but take the jerk to court! 9K is more than a whole year of child support and sounds like he is just cashing in! Sorry if that is not what you want to hear but he will be audited and that money will be given to you. Claim the children in your taxes as well, unless the COURT has ordered him to claim them. Personally I think your mom should get the money even if the check comes to you, or use it to start supporting yourself from here on out. Good luck

Kelley - posted on 02/02/2010

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Ughhhh...............no child support can go back to the date of divorce and if filed a legal separation it can go back to that date!! Better check your stats again!!

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