I live in the state of Pennsylvania. We're trying to figure out how to file this year without breaking any laws. My fiancé lives with me and I have 3 children from a former marriage. My ex husband pays child support. I am unemployed therefore I don't file every year. Does my fiancé have a right to claim my children because we've lived together this year, or does my ex have a right to claim them? I intend on doing more research and making a few calls if necessary, but wanted to know if anyone had this similar experience or knows the answer. Thanks mamas!
What does your divorce decree say? Typically they outline who claims the children which is usually the custodial parent unless there is an agreement otherwise. If they live with you and not your ex husband you would have to sign a paper in order for him to claim them.
I actually called the IRS directly and as mentioned above, he cannot claim them because they did not live with him. They haven't since 2010. They said it would be illegal for him to claim them. Thanks ladies!! :0)
Whoever has the kids all year gets to claim them. That sounds like you. also if you are unemployed, your fiancee can file head of household and he can claim YOU as a dependent since you didn't work. So basically your fiancee can claim you and the kids.