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My ex just got his disability check but claimed our son as his dependant and i have primary custody ( he gets 1st 3rd 5th weekends etc...) what do I do? Isn't that illegal? I don't want the money but he shouldn't have it either especially when he doesn't see his son but one weekend every 3 months, BY EXS CHOICE, and ordered to pay child support but doesn't.....
FIRST AND FOREMOST: This is not legal or tax advice! Only an accountant or lawyer can help with this issue.
Do you have any income outside of child support? (Child support is not taxable income). Do you earn a low amount where you do not pay any income taxes? Does your divorce decree/property settlement agreement spell out who gets the deduction?
I had a similar situation, for the year we were separated and not addressed by the PSA. My accountant told me, first come (first filed) is usually who gets it. Reasoning: we both could claim the children, but that would open both of our returns to a tax audit. Who would want that?
Let me I guess clerify, he has claimed him as a dependant on his VA disability stuff. We have been divorced for 3 years had child support in order for 4 years & seperated for 6 years. Although, he did claim him on income tax after we got the child support order in place and that came back on him via IRS. So he has done messed up stuff like this before, but it has always been that I have primary custody and I am to claim him on income taxes and he resides with me etc...
If you have primary custody, earn a taxable income, and claim your child on your W2 & taxes, then he cannot claim him. You may have to report him to the IRS. The sooner you report him the better. You'd be doing him a favor. Eventually he will be found out and he'll owe huge back taxes. He may not know it's illegal.
It should say in your divorce decree/parenting plan which parent gets to claim the child.
As long as the court order says that YOU get to claim him, then by all means, do so. You won't get in any trouble but your ex will if they catch up to him and there is no court order stating he can claim him.
In my divorce decree, it was ordered that my ex and I alternate years. We had three sons together, and one year, he could claim two and I could claim one, and the next year, I claimed two and he claimed one, and so on.
So what I'm getting from everyone is I need to report him to IRS for him claiming our son as a dependant for his veterans (VA) disability check, and not report to the VA? Its not income tax he's claiming though..... I'm so confused
So what I'm getting from everyone is I need to report him to IRS for him claiming our son as a dependant for his veterans (VA) disability check, and not report to the VA? Its not income tax he's claiming though..... I'm so confused
My apologies; I was thinking income tax.
Hmm.......I'm not familiar with the workings of VA disability, but I am on Social Security disability and I was getting a little extra each month for my youngest son; that ended in June when he turned eighteen.
I'm pretty sure I would not have been entitled to that if my son didn't live with me; in fact, each year, I had to fill out a form stating where the money for him went. So, if it is the same for your ex, it seems like that would be considered fraud, especially since he doesn't contribute to the support of his son.
I guess whether or not you want to report him is a moral and/or ethical decision for you.
Well I'm not really trying to put my business out there but he also informed me that next week he is going to go for the social security benefits as well, its just upsetting to me because I've applied once for social security benefits for our child can't get approved not sure why, and he was on medicaid because we are a low income family, my current husband works every day literally, and our oldest son recently got kicked off medicaid because my current husband makes $100 over the medicaid limit for my sons age, and he has ADHD and can't function without medication and his medication is $294 a month , and even though we can't afford it but as soon as my husband is eligible for health insurance, crossing my fingers any day now, we have to provide it ( and thats another $384 a month) b/c the ex will not. I will be reporting him if its illegal because I'm not letting him slide by not paying anything while he is getting money for our son. I'm not money hungry at all, just want him to do what's right a a father and be honest with the government. I have to be honest, even though it affects our livelyhood, with them, so should he.
I will be reporting him if its illegal because I'm not letting him slide by not paying anything while he is getting money for our son.
He sounds like a real peach.
Have you checked into whether YOU might be the one who should be receiving that money?
I don't have a clue if it's possible or not, but if there is a court order in place for child support, which he isn't paying, maybe YOU can get the money he's been getting for your son.
It may be a long shot, but I'd check into that, if I were you.
But, yeah, he should be reported. There is no reason for him to be getting money for a kid who doesn't live with him and who he rarely sees and whose support he contributes nothing to.
Do not let him walk over you! That's what he is doing. Can you get legal aid?
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