claiming dependants

[chatkat]

What is the name of your state? Michigan
My husbands ex-wife has custody of their 3 minor children. His ex-wife was given the right to claim the children as dependants on her income taxes because she has custody. His ex-wife does not work outside of the home and has remained unmarried since the divorce. Thus, she has no earned income source for herself or another that may be able to claim the children as step children dependants. The mother (custodial parent) has not filed a tax return since 1998. My husband has been filing with no dependants since that same year. So you have 3 dependants that no-one has claimed for 4 years. My husband does not want to break the court order by claiming the children on his own. He has requested his ex-wife to sign a release which she refused to do. We have made request to the court in the past during a visitaion hearing and the court didn't even respond. Only visitaion could be discussed. What would happen if my husband claimed the kids with out his ex-wifes permission when she can't and doesn't claim them herself?

 

[Lil Miss Smarty Panties]

How exactly does she survive is she hasn't worked in 4 years? She can't live on child support alone, unless of course she's receiving at least $2000. Is she living with someone else who could be claiming them?

I think your husband would need to file a motion to modify the order. If no one is claiming these children, he should be given the right.

 

[chatkat]

She fosters, and adopts kids plus the child support my husband pays. Bottom line, she lives off of the kids. She lives better then my husband and I do. Not only does she get over $900.00 per month for at least 5 of the children that we know of in her care, my husband pays 850.00 a month in child support. She also receives food stamps and medicaid for herself and the children. All the gifts that the kids receive for Christmas (except those given by my husband and I) are donated by adoption organizations and churches. The church completed the addition that was started on their home prior to their divorce. So, she gets at least $5350.00 a month tax free money, free food, free clothes and free gifts. My husband pays $233.00 a month for Ins on the kids, plus 850.00 a month in CS. We live in Texas and after a year fighting for visitation we get to have the children in Texas with us 3 to 4 times a year. Although we assume the responsibility of travel to and from home for the kids, we spend at least $8000.00 a year just to have visitation with them. Per court order and due to the childrens ages, my husband has to fly to MI and pick them up and fly back with them. We have tried driving as to reduce the cost, but found that not only did the trip cost as much as flying after you included, food, hotel, gas for the minumum of a 4 day drive. it also took 4 days away from our time at home living a normal life with the kids here to visit. All total from visitation, cs, ins, and additional medical expense that she sends us we spend probably close to $22.000 a year on his children not counting additional food and utility cost during their visits with us out of his $32,000 a year job. I feel that since she has no tax obligation and can't file a tax return, my husband should be able to claim them. According to what I can find in the law, my husband needs her permission to claim them, which she will not give. What's up with that?
sorry so long!

 

[Lil Miss Smarty Panties]

Well since she's not claiming them and can't without a job, and she won't allow him to claim them, I think he should ask a judge to give him the deduction. I think a judge would see that she's refusing to allow him to claim the children out of spite and it would work in his favor.