Tax Exemption Advice Needed

I am in my 2nd yr of doing taxes and know only enough to know of the claimings. If your court papers say that he can claim them for the upcoming tax season, he does have the right to claim them. If he files before you and claim the children using efile and you file after him claiming the children also there will be a delay in your taxes. One of you will need to provide the IRS with documentation of the children (living, school, and various other expenses, but he will have the papers showing that this would be the year to claim the children.

This inturn will reject you from using the efile until you requalify (can take upto 3yrs) with the IRS. You can see if he will sign a waiver for you to claim the children for this year, but this will have to be mailed in and efile cant be used (ask your tax preparer before you file, he should give you a form that your ex will need to fill out) and make sure that he (your ex) agrees with this also.

Your best bet (and I am sorry, this may cost you money) is to take him back to court and prove that he doesnt pay on a monthly basis, so he shouldnt have the option just to claim them. On a yearly basis you will have the right to decide who gets to claim.

Hope this helps.

I have had this problem in the past as well. Take your court papers with you when you have your taxes prepared. If he is behind at all when you file your taxes you have the right to claim your child(ren). If he files taxes this year they will take whatever he owes in past due support before he sees it. The only way I've ever gotten anything accomplished with the child support office is to call and continue calling until someone actually does something. After calling 3-4 times per week about my X's past due support they finally issues another income withholding order to his employer for $X per week + his weekly payment. After two years of being past due he has finally paid up and this year will be able to claim our son. Good luck to you! You should be able to contact the child support office for answers and if they don't/can't help you I'd consult a lawyer or someone of that sort.

Ok first of all call HR block or someone who is a professional and ask them, so you know 100% what you are able to do.
I was a single mom and I was told that the parent that has the children living with them more than 50% of the year or has provided the most finical support is able to claim the children. There might be complications if there is a court order where every other year you switch at tax season, on who can claim the kids.
ALSO, you can get his tax returns for back child support, so look into that as well, if you have a social worker I would contact them and tell them you want that option....
Nail him to the wall and good luck!

I have no idea about that taxes. But I am curious to know why your child support is not taken out of his check. My support for my son is taken out of my ex's paycheck before he every sees it. That way, short of not working, there is NO WAY he can not pay me. Of course if he just chooses not to work then there is nothing I can do. But he has a wife, 2 other children, and a mortage. I don't see him quiting his job just to stick it to me any time soon. I also recieved his tax return one year because he was not working and fell behind in his child support payments. I wish I had some answers for you. I am sorry I don't. But I wish you luck.

HI! This is my first posting also! I know exactly what your going through, my ex still finds ways to screw me also, it's amazing all the ways he finds! Anyway, you problem is a simple one, if he's not all payed up in child support by tax time, you get to claim the kids! (If there are any problems, which there shouldn't be, you'll find out how to fix them right after you file. Without penilty.)