@steelcyc wrote:
my situation is a very odd one my ex dont work we r still married she had a bunch of false legal crap hemming me up that was lies and took my kids shes 4hrs away my point is is she doesnt work and my support provdes like 100% of the household support she dont work but i think that she let her brother claim them but she lives on her own so if i was payin spousal and child support which is half my checks shouldnt i be able to claim them
If you are still married, you have the option of filing as married filing jointly, in which case you claim the children on the joint return since at least one of you lived with the children. However, I don't recommend that if your spouse has legal or financial trouble. You will best protect yourself from those troubles if you file as married filing separately.
If you did not share a home with the children for at least 183 nights of 2021, you can't claim them as dependents, even if you pay child support.
If your spouse lives with her sibling and the children share the same home, the sibling can claim the children as dependents if his income is more than your spouse's income. If they do not share a home, then the brother may not claim the children as dependents unless he pays more than half their total financial support. Your child support payments might or might not make this impossible, but it depends on the total facts and circumstances.
There is a way to report suspected tax fraud. But if the children did not live with you, it will be impossible for you to get any benefit from your complaint. You won't be allowed to claim the children, even if the brother is audited and denied. So a complaint could only benefit you in the sense that you punish someone else you don't like. Here is a link.
https://www.irs.gov/individuals/how-do-you-report-suspected-tax-fraud-activity
