quote:
I have gotten fricked this tax season. I have 3 children and my ex claimed all 3 three this year. She wasnt allowed the last 2 (divorced 3 years) because oldest lived with me because she moved out of state. Make long story short she moved back beginning last year and son lived with her whole year. I pay over 20k child support and all medical and dental on all 3 kids. I offered to pay the difference for the second and third child so i could claim one child. She said frick you i am claiming all 3 now i am stuck claiming single no dependents. It is about 4k out of my pocket now. Am i fricked and yes i am going back to court to try and claim one chiid for the upcoming years. Sorry so long

Where is the tax question?

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Posted by DumpsterFire

Member since Sep 2012

1450 posts

Posted on 2/25/13 at 6:04 pm to FLBooGoTigs1

I'm not well versed in divorce law, but, if she screwed up the marriage by cheating on you, then shouldn't it have been easy for you to get full custody of the kids?

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Posted by Poodlebrain

Way Right of Rex

Member since Jan 2004

19860 posts

Posted on 2/25/13 at 7:27 pm to FLBooGoTigs1

Facts and circumstances trump written agreements. If one of the children spent over 50% of nights in your home you are entitled to claim that child as a dependent. Getting this straightened out is a pain, but it is definitely worth it in reduced taxes.

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Posted by JonTheTigerFan

Central, LA

Member since Nov 2003

6784 posts

Posted on 2/25/13 at 7:56 pm to DumpsterFire

quote:
I'm not well versed in divorce law, but, if she screwed up the marriage by cheating on you, then shouldn't it have been easy for you to get full custody of the kids?

You won't see many judges give full custody of the kids to one parent or the other for marital unfaithfulness. Just because his wife cheated on him doesn't mean the kids are in any danger in her presence.

To the OP: is there any "dependent care" you paid for the kid that was living with you? If you didn't send him to daycare, maybe you paid a relative to keep him? It's not as good as claiming the kid but at least you could lessen your tax burden some.

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Posted by Weaver