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should I leave it alone

momsome's picture

so once again because BM says she is done with going to court and has agreed to just give the kids to us during the school year. My boyfriend caves again after I spend all of that money on the dam lawyer. I of course am upset he didnt want to see this through because the judge was on his side but what makes me upset the most is the fact that we have the boys technically 9 months out of the year BM has them 3 months out of the year during the summer. I read the final paper work on custody and it says she can claim one of the kids. Lets keep in mind that my boyfriend is between jobs and I take care of the kids and have been for some time now. He says nothing about it just oh well. While I want to slap the shit out of him. I feel like well fine since she can claim a child she doesnt take care of then she should pay for fucking everything for that child. Or give me my money back!!...WTF~~~she won custody of her other son and gets welfare for him, so her boyfriend is going to claim a child I take care of. I feel so stupid like an ass for even dealing with this for so long!!!

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StickAFork's picture

It's very common to "split" the child deductions with multiple children.

Boyfriends/girlfriends canNOT claim the child. That's fraud. "STEPCHILD" is the child of your SPOUSE. Why would you think that BM's BF or you could claim these children??

Your problem is that your BF isn't working. He has two kids to support. Time for him to get steppin.'
Besides, if BF isn't working, what's it matter who claims the kids? There's no benefit to him.

momsome's picture

so let me make sure that I understand you. We have full custody during the school year which is a FULL 9 months so all of the clothes, shoes, school supplies, backpacks, field trips, doctors appointments, School projects I mean the list goes on and on and My boyfriend cant claim both of his children. To me it makes no difference weather he works or not and I was told by my attorney and the person that does my taxes that I can claim the kids and so could her boyfriend. My boyfriend was injured so I can understand that he cant work and I pay for everything she gave her kids up wont help with anything but wants to claim them. I PAY FOR EVERYTHING!!! even if my boyfriend paid for everything we take care of them for almost the entire year and when she has them we have to split the cost if she puts them into any extra activities or split the cost for insurance in the summer ...that is crazy if your telling me that we take care of 2 boys and we can only claim 1 I need to hurry and have some kids so that I can give them to their dad and then work my butt of and claim them on my taxes..I would have a nice vacation coming...LOL

StickAFork's picture

Yeah, that's what I'm saying.
It's not fair; I agree. BUT, it is very common.

You cannot claim these children. Nor can BM's BF. The children have to be your DEPENDENTS, which they are not. A dependent is a natural child, adopted child, stepchild, foster child, sibling (or their descendant). This is basic, basic tax law 101.
See link: http://www.irs.gov/pub/irs-pdf/p501.pdf Page 11

So weird that an attorney and CPA told you that. Are they actually licensed practioners?

Does BM see them AT ALL during the 9 months of the year you have primary?

StickAFork's picture

Incorrect.
There are three tests one must "pass" in order to claim. One of those is the relationship test. You, as your DH's spouse and your kids as his stepkids, qualified.
You can NOT claim anyone living in your home not working.
Your MIL should not have claimed SIL, and should be very grateful she hasn't been audited.

StickAFork's picture

BTW, this situation is just as frustrating for dads who pay big bucks in CS, the BM gets to claim the kids, AND she gets the CS tax free...while dad gets to pay taxes on money he never even sees.

The system isn't perfect; that's fo' damn sure.

I gave XH "half" of the tax exemptions in the divorce decree I wrote up...BUT I said he had to be current with CS at each year's end or he forfeited. LOL.

sonja's picture

Definitely agree that the CS system and how it works with taxes is a big joke. I guess when it comes down to it why should A earn the money and pay taxes on it and then give it to B, who doesnt have to pay any taxes on it and gets to spend it however.. and THEN gets to claim the kids on her taxes? Shouldnt the person earning the money get to have the benefits of it ESP if they dont even get to keep it?

I guess with us being on the paying side of the situation, and there was a long period where DH wasnt working, he was paying BM with his unemployment money, but anything SD needed while here including the roof, water, food, heat etc.. was paid by me.. I wont be seeing any tax break from that!

BM and DH switch off every other year, and although now I feel like BM probably puts in about the same that DH does towards SD, in the past, Im sure there was PLENTY left over for herself after SD was taken care of.. hence the hairdos/manicures/brand new car/expensive clothes! Funny how BM will never be supporting herself but relying on CS and whatever other man she can rope in!

PeanutandSons's picture

Its really all how you look at it.

Dad pays taxes on his cs money because he has a tax obligation on the income he makes. The cs is the portion of his income that is owed to be spent on the child. The bm is acting as proxy for that money, for the child (in theory, I know it doesn't always work this way). It is not BMS income, she is simply spending Dhs financial portion on their joint child. Bm doesn't pay taxes on the money again because its not her income and dad already paid taxes on it.

As for claiming on taxes, I go back and forth on. It really depends in my mind how much the non custodial is really paying. My skids bio moms are only ordered to pay 200 a month each (they don't pay but if they did that what we are supposed to get). A child obviously costs more than 400 a month to raise so we still support the kids far more than the. I think it would he pretty fucked up if the noncustodial got to claim the kids because they pay child support when we as custodial were the ones actually supporting them. Hell, the EIC that they'd each get back would he more than they are ordered to pay each year.

But if the non custodial is paying 1500 a month in child support, then yeah they should claim them.

StickAFork's picture

So let's say you have two deadbeat parents. Dad is nowhere around (and unemployed) and mom is on welfare.

She and child live with her best friend.

Are you trying to say that the best friend can claim the child??

Nuh huh.

Jsmom's picture

I thought that you had to be married to claim a child. We claim SS and BM claims SD. Joke is on her, since SS is younger and we get to claim him longer...