I live in AZ. My nephew is 10. Has lived with me for 3 years. Mother claims him on taxes. What should I do?
Topic: Good case starters for court cases
June 17, 2019 / By Bassett Question:
I want to adopt him, but she refuses, yet she will rarely visit him. He does not want anything to do with her anymore. She takes all the well-fare benefits and claims him getting thousands. If I report her, would that better my chances of getting custody?
Best Answers: I live in AZ. My nephew is 10. Has lived with me for 3 years. Mother claims him on taxes. What should I do?
Zibiah | 10 days ago
What you should do depends on why your nephew is living with you and whether or not this arrangement is sanctioned by the court. If you went to court and got custody of your nephew because his mother was unfit OR CPS took him away from his mother and appointed you guardian, then you should report his mother to the IRS and to welfare. But know this, the mother may then decide to fight for custody and as she is the mother, she may actually win. This will only make trouble for you and the boy so I think you should leave things as they are.
Now if your arrangement for custody is only voluntarily (she lets the nephew stay with you but the court has not ruled on it), then do nothing. Otherwise, you may win the money but she could take the child back and that would not be in the child's best interest. In that case, you keep your mouth shut and "play dumb". Wait until the child is 18 and can legally stay with you AND THEN report her for welfare and tax fraud.
As for if you report her, will that increase your chances of getting custody? I don't think so. Unless she goes to jail for what she did, she is apt to take the child back (even out of revenge, the child remains her's so she can take him back at any time unless the court rules otherwise). Also, even if she does go to jail, she could still take the child back and give him to someone else to care for...or CPS could take the child away and there is no guarantee that they would give him to you (for starters, you would have to go through a background check) even if you have had him for the last three years.
I suggest that you leave things as they are for now (that means play dumb and DO NOTHING). If she tries to take the child back, turn her in and see what happens. If she does nothing, ignore the lack of money. You have managed without it for the last three years...in 8 years, you can do something about it and not risk losing your nephew to an unstable mother. Good luck!
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Originally Answered: If a family member has legal guardianship of my children but they lived with me and I supported them all year can I claim them on my taxes?
Get a new accountant. Yours is clueless.
If the guardianship terminated your parental rights you can only claim them under the Qualifying Relative rule if the lived in your home all year, you provided more than half of their total support for the year. In this case you only get the exemptions. No HoH filing status, no EIC, no Child Tax Credit, no Additional Child Tax Credit and no Child Care Credit. The legal guardian cannot claim them as they did not live with the guardian and the guardian didn't support them.
If the guardianship did not terminate your parental rights, you alone can claim the children under the Qualifying Child rule as long as the children didn't provide more than half of their OWN support. In this case you qualify for all tax benefits including EIC, etc. Again, the guardian cannot claim them.
If two or more taxpayers try and claim the same dependent the IRS will ask both to prove their claims and will award the exemptions and all other tax benefits according to the law. If your e-filed return is rejected for a duplicate SSN, you'll have to file a paper return by mail.
Edit: As long as your parental rights were never vacated, you alone have the right to claim the children as long as they lived in your home for more than half of the year and they didn't provide more than half of their OWN support. By federal law you are the custodial parent if they lived in your home for more than half of the year. What the decree says is irrelevant.
Again, fire your accountant. He's a tax idiot. This is a "Tax 101" issue. Anyone who does not know it cold has no business preparing anyone else's tax returns, and probably should not prepare their own without assistance.
You should have been claiming him for the 3 years that he has lived under your roof. She should be getting no benefits if the child is not living with her. Report her to well fare. Claim him on your taxes, think about amending the past 3 years. Consult an attorney! You should have good case right now to gaining custody.
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Probably. Besides, what she's doing is WRONG! You support her child, therefore you should be claiming him on your taxes. Since he is 10, he could have a legal right to voice where he would like to live since his mother is obviously a deadbeat parent. However, I'd be a little worried about her taking him away from you out of spite if she suspects you turned her in. I think you should contact an attorney for some legal advice.
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I believe you can claim him on your taxes, as long as you can prove that you're the one who supports him financially. What records do you have that you're his fin. support?
I'd turn her sorry butt in. Your nephew's smart: he knows which one loves him and which one's using him for the $. I bet he will tell the court or the custody evaluator that he wants to stay with you. I think this is something you guys need to decide to do together.
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Originally Answered: How do I ge mself back into the workforce after being a stay at home mother for more than 7 years?
What you imagine to be a handicap is not really a handicap. I think Advertising and PR agencies will be interested in you. Some companies have a Corporate Communication department so you will also fit in there too.
All these web sites have good things to offer job seekers, from career decision making, positions available, resume writing, and interviewing tips, to networking.
Peace and blessings!