According to our divorce decree, my ex gets to claim all the kids this year, and then we have a typical trade off arrangement in future years. However, because of a last minute change due to discovery of his criminal behavior, I have sole custody of the kids, they do not ever go to his home and I am responsible for all of their expenses all the time. He does pay child support, just $565 a month. This year especially, my income will be very low....maybe $10,000? I have two questions....1. Is it even possible for me to get the earned income credit?

2. My biggest concern is that he will somehow do something dishonest with the taxes that will implicate me. Should I send his accountant a note saying we are divorced? I am sure my ex was not honest on the taxes last year, altho I can't prove it.

One more thing.....my child support is coming out of his unemployment payments, yet the neighbors have seen him driving a semi truck. Somehow, I doubt he's driving it for free.....should I report him? or stay out of it?

<small>[ January 23, 2003, 09:26 PM: Message edited by: Annavon ]</small>

On the earned income credit, yes!! That should be no problem.

On the employment, oooh that's tricky. And I work in that field. If your cs is coming out of his benefits, it could be problematic if he is working and not reporting his wages. If the wage records are ever computer matched to his weekly claims, and in TN this is done periodically, and he is caught, this happens too, he will be hit with an overpayment - and in this state having unreported income for more than 3 weeks can get you a fraud overpayment with a disqualification period which can be up to one year. On this, I would let my conscience be my guide.

Since you are D, you don't have that many issues. Someone suggested that the first to file is the safest. Ie. if you file claiming all the kids, and he files the same later, they may question his, not yours.
I'm not yet D'd, but it was suggested to me that I file Married filing separately, ASAP, to avoid issues.
Good Luck

I was looking up info on this last night....Newly, you definitely DON'T get the EIC if you file "married, filing seperately". Since our divorce was final Dec. 2, that's not a problem for me. I also read that if the kids were with me for more than 6 months....and they were......then that counts for the EIC. Altho I can't afford it, I suppose I will have to pay someone to do my taxes for me this year as I have too many questions.

Can you believe this? I went in to file for Fuel Assistance Benefits, and he'd already been there.....and claimed the kids live with him!!! They haven't even SEEN him in 3 months! What a dumb lie. It was quite easy to prove that I have sole custody and they live with me. But it proves I can't trust him.

Annavon,

if you know he's filed false documents in the past for taxes...that can have an adverse effect on you..especially since your name is also on the return..as is your signature..and you could be held accountable if you knew about it and didn't say anything...

If you think he is working and drawing unemployment benefits, you should report that..he may be getting paid cash under the table to avoid paying taxes on it..it could also adversely effect you even though you are divorced..and it triggers an audit for him..they could possibly audit you for up to six years ago---

Not a good thing..

I don't KNOW that he cheated on taxes.....he was just so WEIRD about them last year....he had inherited a trust fund and there were many secretive phone calls between him and his brothers on how to "handle the taxes". Then he took the stuff to the accountant and it was e-filed.....I never signed anything. I didn't see the tax papers till I took them when I moved out, they were done by an accountant, and I have nothing to prove what the numbers should have been for the inheritance money, but it just "felt wrong".

As to him possibly working and getting unemployment....I decided to stay out of it. He's a big boy and it's his problem.