I was married to a man in 2006. He passed away in 2010 and I am now getting Social Security checks for myself and my 3 children who were his stepchildren. Their biological father is filing his tax return and wants to claim our 2 children because he is $52,000 behind on his child support payments. He is aware that he won't get the money himself when he files his taxes because he is so far behind.
By Jewels
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You will have to contact your local Social Security Office and if they can't help you, consult an attorney.
That is for ss or an attorney. Don't ask such questions from lay people on sites such as this. It could cost you thousands of dollars if they are wrong.
In order for the child's biological father to be able to claim him on his tax return, he has to be able to PROVE that he contributed at least half or more to the child's care. For example if you have 3 children and yourself living in your home, you can divide the amount of the rent or mortgage, cost of heat, cost of food, cost of clothes, and all other costs by 4. That was the cost of caring for one child for one year.
If the child's father was not contributing monetarily to his care, he cannot count the child as a dependent on his tax return! You should call the IRS to make sure the information I have given to you is correct, but I had a very similar situation once and this is what the IRS told to me! YOU or the deceased stepfather, would be the only people who could claim the children as dependents. And yes dead people have to file taxes for the part of the year they were alive.
Best of luck and warm regards
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