Need advice on taking my kids as a tax credit. What would you do??

[cearhart]

OK so help me out here, I need some advice on what to do. I did not qualify for the EIC cause I did not make enough money. The stimulus package last year is available again for those who did not get it last year. My ex was SUPPOSED to claim the kids last year but never filed his taxes so this year I am supposed to be able to claim them. It is supposed to go back and forth, however if he didn't get the credit last year should I take it this year or let him?? I just want some opinion on this, I always let him make me feel guilty into getting the better of me, but then again if I take it and he is self employed and he does not get any kind of credit he might either not file again which could land him in jail or pay the IRS and tell me he can not afford child support which I have to papers on because we are not LEGALLY divorced or even separated. I would get $1,183.00 refund $900.00 of that is for the stimulus package. Should I file and take it or should I see what his taxes would be first and see if he needs it? :shrug7:Should I split it with him?? :shrug7:He never pays his bills and has not filled his taxes in 3 years so he has a lot of back taxes too. He pays a BIG portion of my livelyhood and I would not make it if he stopped paying me. Just so you can give an honest opion he pays me $1400.00 a month so you can see why I can't do without the money. It covers my rent, my car my car insurance and other things that my BF doesn't pay for which is everything else, right now I don't work. He never has but I can see it now him telling me "I just don't have the money" When I was with him my home was foreclosed on, his truck was repossed, my rental home after the foreclosed home was given a pay or quit notice for non payment of rent.
Any advice out there???

[Mothernature]

Take the credit. He already screwed himself by not filing for three years by his own choice. You should not give the credit away because he refuses to be a man.

As far as the child support issue if he is jailed for tax evasion, you may need to speak to your attorney and see what (s)he suggests. There must be a way to enforce him to take care of his taxes to pay you.

A bigger concern you should have is finding yourself in jail; if you guys are not divorced, the IRS holds you both responsible until you prove otherwise.

[lmcconne]

Speaking as a layperson from a legal standpoint, when you say not legally divorced, do you mean legally separated? I was under the impression that both individuals (in a marriage) are responsible for debts (including income tax). Depending on your situation and relevant laws, I would be hightailing it down to the legal aid office to get some advice on how you might (or might not) be expected to pony up for "his" debts.

[shelleyf]

I agree with the others you are responsible for his debts. Please get some help with this before you get into trouble. Sorry you are going through this.

[tmsmalley]

You have much bigger issues than who gets $900. If he doesn't file his taxes and you two are still married, and not even legally separated, you need to talk to a lawyer. Call your local Legal Aid if money is an issue. You can be on the hook not only for whatever he might owe, but also fines, interest and jail.

Tess

[derketchup]

Take the EIC and then use it to hire an attorney! Girl, break your ties with this guy before he breaks you!

[clwarner10]

You should definitely file and take the credit for the kids. Also, you shoud file as Married filing separate BUT make sure that you complete the Injured Spouse paperwork. This states that you are NOT responsible for his tax debts. Ask a tax advisor for help with this. You can get free advice from places like H&R Block. Sometimes colleges with business programs also provide help during tax season. HTH

[puakinikini]

Cearheart, Oh Yikes - poor you! Sounds like your situation is very difficult. However, I agree with the other posters - you really need to do something about this. Staying legally married to this man puts you and his children at risk. I have an acquaintenance who went to jail for her husband's tax evasion and some kind of fraud scheme (I never got the whole story) but she spent about 2 years in jail and got off very easy (he is still in jail as far as I know). Her child had to live with her sister during that time. She still cries when it gets brought up. She is now divorced. Please don't let this happen to you. I got audited several years ago by the IRS and even though it was a total waste of time (for them and me) it was painful, and I was just a single filer making a modest income. There are ways to protect yourself. Take the tax credit and hire a lawyer. Going to jail is not worth $1400/month no matter what your situation is. Take care.