Help me evaluate a situation regarding taxes and my sister, and her worthless ex-boyfriend

March 1, 2007 2:33 PM

My sister's hoodrat ex-boyfriend stole money from my nephew...

Here's the story: My sister and her ex broke up from a relationship during Christmas. For a time they used to live together under his roof with her baby son. While they were raising him, they found out that her ex wasn't the biological father. However, her ex still agreed to support both my sister and her child.

Now, skip ahead a couple of months and all the saucy events. They broke up, have cut their ties, and now my sister is living under my roof. Her ex of course isn't the biological father, doesn't pay child support etc. However, while filing for taxes, my sister found out that her ex claimed her son and got maybe a little more than a thousand dollars back. To make matters worse, he took all the money out of her son's bank and kept the money to himself. My sister is infuriated, because she says that now that he claimed her son, she herself gets nothing. She personally knows him to be a swindler with money, spending his paycheck on bullshit like new clothes, grillz fo' his teef, even on a new gun. I, of course, was taken aback, especially when I found then he insists that he keep the money.

Anyway, considering all these shennanigans with her ex claiming my nephew on taxes etc., what are the legal implications of the situation? She's young, 19, and I'm considering taking her to consult with a lawyer. Also, as much as I must hold back, I would like to bash her ex's face in, although I'd be careful not to provoke his crew of vermin. But right now, I feel quite invincible at the moment.

posted by Myles to human relations (20 comments total)

Were it me in that situation, I wouldn't think twice about tipping off the IRS about ex-bf's fraudulent tax return. Claiming a dependent falsely = breaking the law.

There's probably nothing she can do about getting the money back from him, short of taking him to small claims court. Even then, who's to say it hasn't already been spent on sweet rims for his pimpmobile. Probably a lost cause and a lesson learned the hard way.
posted by contessa at 2:44 PM on March 1, 2007

If they were living under his roof during that tax period, could he not claim a dependant that he had to suuport? I don't know the answer, I'm just raising the hypothetical question...

IANTEXP (I am not the Ex-Pimpster)
posted by matty at 2:51 PM on March 1, 2007

Just because he claimed the kid doesn't mean she can't anymore. If it brings up any red flags with the IRS, it will be a very short conversation to establish that her claim is valid and her ex's is not. Unless she's cheating on her taxes already and really does not want to bring attention to herself, of course.

I agree with contessa... tip off the IRS.
posted by chundo at 2:53 PM on March 1, 2007

Were they living under his roof most of last year? Because that probably would make the son his dependent for tax purposes.
posted by jacquilynne at 2:55 PM on March 1, 2007

The IRS says whoever provided more than half of a child's support during a year is entitled to claim them as a dependent. If that was your sister, she should claim the kid. If it wasn't, she shouldn't.

If two people claim the kid, the IRS will ask both for documentation to prove the claim.

Actually, I note that the ex doesn't even qualify. Here's the definition of a qualifying child: "Relationship — the person must be your child, step child, adopted child, foster child, brother or sister, or a descendant of one of these (for example, a grandchild or nephew)." I don't think the nephew has any of those relationships to the ex - not his son, not his stepson, not his adopted son... So there should be no problem with your sister claiming the kid, even if the ex provided money during 2006.

As for stealing money and being a gangster... what's your question here?
posted by jellicle at 2:58 PM on March 1, 2007

You aren't invincible, and I think you know it. You've got a lot more to lose than he does, if it comes to a violent confrontation. I think that this is a case where being a man means keeping your cool.

I think that the best thing you could do for your sister is set her up with a good lawyer and maybe a therapist and an accountant, too. She needs to learn what her rights are, how to make good decisions, make plans that work, etc. (None of which involve you getting in a fight and getting arrested, either.) So I'm suggesting that you help hook her up with a serious support network, from legal stuff to helping her hook into educational, child care, and other programs. (Where I live there are several agencies that work with young mothers, on everything from basic "how do you feed the baby" to "how do you live like an adult without an abusive man in the house". Yes, you can help with this, but sometimes hearing it from someone who isn't your brother is a good thing.)

In the beginning, that might mean that you make the phone calls, help fill out the paper work, watch the kid while she goes to the meeting, and pay the lawyer's bill. A couple of years down the line, hopefully she will be in a position to bail you out of a sticky situation.
posted by Forktine at 3:01 PM on March 1, 2007

jellicle - you missed a part - any person, whether or not you are related to them, who is a member of your household for the entire tax year, except for temporary absences, qualifies as a dependent.

I'd guess that breaking up and moving out would be considered more than a temporary absence though.
posted by chundo at 3:04 PM on March 1, 2007

Thank you. Good answers. I'm asking because I was confused in the matter of whether he could claim him as dependent anyway regardless of biological relation since my sister and her son were living under his roof for a while. My sister said 5-6 months I think.

Forktine, I know, I'm not one to recklessly fling myself here and provke a pointless confrontation. Just letting off some steam ;)
posted by Myles at 3:11 PM on March 1, 2007

Tell the IRS and let them handle the tax issues.

Taking money out of the child's bank account might be fraud. Ask a lawyer.
posted by grouse at 3:16 PM on March 1, 2007

Call the police about the bank account!
posted by lee at 4:08 PM on March 1, 2007

I do not know where you live, but if he's claiming to be the father (by his actions) you may claim child support by what is known as estoppel.
posted by geoff. at 4:33 PM on March 1, 2007

I should make it more explicit: paternity does not necessarily matter in child support cases.
posted by geoff. at 4:36 PM on March 1, 2007

Uh, custodial parent would have to sign a release (Form 8332) allowing shitbird to take the tax credit or his shit's weak. Call the IRS & let the games commence.
posted by Pressed Rat at 4:55 PM on March 1, 2007

Of course if paternity is legally established by estoppel, he might then have visitation rights.
posted by grouse at 4:59 PM on March 1, 2007

If she has not yet filed her taxes she should indicate the daughter as dependent and give the SS number. IRS will note the claim by her ex. And he will be in trouble.
posted by JayRwv at 5:32 PM on March 1, 2007

It reads me to me like the ex *did* support them if they were living under his roof for much of last year. Was your sister paying rent, working, etc? (I'm not sure we have gotten the whole story and from the sound of it - I wonder if you have.)

If your sister knew he was a swindler then he shouldn't have had access to the bank acct in the first place. It's also possible he saw that money as re-payment for the support he did provide even though he knew he wasn't the biological father.

I know it's difficult but maybe your sister needs to view the experiences with the ex as important life lessons.
posted by fluffy battle kitten at 8:41 PM on March 1, 2007

So this fellow was raising a child he initially believed was his, then found out was not? He broke up with the girl after finding this out, though he let her and the child live with him for about half a year? Then he noted the child as a dependant for that particular year to get back some of HIS taxes?

It seems to me that your actions are mean spirited, as he would lose the money, and nobody would get it. It's not like the tax money would actually come to you if he does not get it.
posted by markovich at 11:35 PM on March 1, 2007

A side note on the tax issue: You can file a return claiming a dependent who someone else has already claimed, but you can't e-file that return — you have to do it on paper.

Places like H&R Block might balk at doing her return at that point, since much of their profit comes from selling loans to people who are e-filing. If that's what's happened, she should have a normal old-fashioned accountant prepare her a paper return and file it by mail. That'll both tip the IRS off to the possible fraud, probably leading to an investigation, and take care of her need to file for the year.

('Course, H&R might happily do her a paper return. I don't know what your local office is like. But I've definitely seen them turn people away in oddball situations like this.)
posted by nebulawindphone at 5:55 AM on March 2, 2007

It seems to me that your actions are mean spirited, as he would lose the money, and nobody would get it. It's not like the tax money would actually come to you if he does not get it.

No, it would go to Myles's sister unless she has so little income that it doesn't make a difference. And personally I would consider it my business if someone implicated a family member of mine in tax fraud, regardless of whether turning them in was remunerative or not.
posted by grouse at 6:11 AM on March 2, 2007

skip the violence, get an attorney. there are too many legal issues flying around here and you'll need someone, preferably someone who routinely works on guardianship cases. call your local bar association, briefly describe the situation (save the details for the attorney) and ask to be referred to an attorney who specializes in custody/guardianship issues, possibly tax issues as well.
posted by kuppajava at 8:07 AM on March 2, 2007