Philadelphia, PA asked in Family Law and Child Custody for Pennsylvania

Q: Can my kids father claim our kids

I am on Disability, I also recieve money for each of my two boys as dependants. I am the custodial parent, their father just started working in September of 18, after being unemployed for the year. He plans to bring up claiming our kids at our upcoming child support hearing. He pays 250 in support, which just started in October. I told him he can not claim them because last year and the year before I have allowed him to claim the boys with the agreement that he would give me half his return for the kids, buy he both times didn't make good on our agreement and didn't contribute and of the money to the care of the boys. I allowed him although he did not love with us or paid more than 50% of their care. I have returns from 2015-2016 I didn't file because he went behind my back and claimed our kids. Is there anything I can do to prevent him again from claiming the kids and running off with the money. Can I request that he some of his return to to the care of the kids?

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1 Lawyer Answer
Cary B. Hall
Cary B. Hall
Answered
  • Divorce Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: The way to prevent him from claiming the kids as dependents on his taxes is to claim them on YOUR taxes. Under the current IRS rules, YOU get to claim both kids if you have primary physical custody of the kids. Of course, you and their father can make agreements otherwise -- and you have indeed done that in the past. But you don't have to. And if there's no agreement otherwise, then YOU get to claim them. If he chooses to as well, then he'll have to deal with the IRS at a later date when they come calling.

As far as you getting some of his past tax return money, you could technically file a small claims suit against him for his breach of promise -- but you'll probably never see a dime of that money, honestly.

Best of luck to you.

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