Claiming children on Income Tax Return

[mysweetlady0521]

I have cared for my 3yr old twins since birth. I have always claimed them on my taxes by filing married but seporate because I have been seporated since the twins were 3mo old. I had misfortune last year and got hospitalized for a serious illness dealing with my bones and muscle tissues. I felt that the best interrest of the children while I was sick was for them to be with their dad. While he had them, he took me to court and got temporary custody of them on November 20th. He still has temporary custody, but only because I can not afford a lawyer to go back to court. He is trying to tell me that he has every wright to claim the boys and if I do, the IRS will "Come Get Me". What are my legal wrights on this situation? From a despirate mom who just wants to get back on her feet and get her wonderful boys back!

Sincerely,
Colleen Hattaway
Orange Park, Florida

 

[Grandma B]

Is your separation a legal one, do you have court orders re child support, etc? If not and there is no order saying who can claim the children, that privilege would belong to the parent that provided over 50% of their support during the year. How many months has he had them? Did he pay child support during the time you had them? Did you, or do you still have earned income?

For previous years, as long as your husband was not living in your home, you could have been using the "Head of Household" filing status. Good luck on getting the boys back, and when you do, file Head of Household. It would be to your advantage $-wise.

Also, if and when you divorce, be sure to have it in the decree who is to claim them as dependents.

I will never understand our court system which keeps people from exercising their rights because they don't have money to spend on attorneys. It's outrageous and something needs to be done. You're in a situation similar to mothers who do not receive ordered child support payments (your situation is worse, but the financial part is similar). The agencies that are supposed to enforce the support payments don't have time to assist them, and who can afford an attorney less than a mother trying to support her children WITHOUT assistance!

 

[mysweetlady0521]

Thank you so much for the light at the end of the tunnel! This man is very manipulative and has been telling me he is right for the past 5yrs. But once again, he is wrong and I will let him know, with confidence, thanks to you...GRANDMA B! Yes the seporation is legal. No child support has been ordered. He has the money(over $3000 a month) for a good lawyer and has delayed, I guess you would say, the topic for over a year by letting his lawyer post-pone the court dates until I was in a very volnerable situation. But I am a very strong willed woman with faith and the love of my children number one, things will work out as long as I keep getting the advice I need from people like you. Thank you again, Merry Christmas and IT WILL BE A HAPPY NEW YEAR NOW!

With "All My Children" In Mind, heart, and Soal.....
Colleen Hattaway