Stepchild

[DoubleDutchBus]

I have not lived with my wife for six years  we have one child together who is 7 and resides with her full-time. she has not allowed him to be at my residence ever due to her pathological control efforts.  A teenager from her previous marriage also resides there of whom has no father in the picture, there is no 

child support from mystery man.  I also provide this residence for wife’s father. For six years my wife has not worked although capable of. i did not legally adopt my “step-daughter” but have been supporting/providing everything, for all of them.  I have never claimed “step-daughter” or father-in-law on my taxes.  Can these be filed retroactively if i am within my rights?  Re financial liability under a divorce decree, can i get any “credits” for supporting this “step-child” and the wife’s father, have her pay me back support or have my support liability decreased? Should wife be required to get a job because she can.  I cannot see how she can just choose to stay at home and me bear all burdeon. Of note,  we all lived together for a total of six months after marriage before we both decided to separate.  We have had no legal stipulations in place for the entire six years (supporting fully for rent, housing, food, her car, car taxes, etc, nor her employment status).

Loaded discussion and will be talking with counsel but would like to hear from anyone with real-life experience   thank you all

[Bsch4477]

All of your concerns are better addressed by the counsel you are planning to see.  Their advice will be much more valuable than any anecdotal experiences that might be related on this site. 

[Opus 17]

The rules for claiming a step child are the same as the rules for claiming a biological child even if you do not adopt the step child, that legal relationship is also not dissolved if you divorce the other parent.

However, the only parent who has the automatic right to claim a child as a tax dependent is the parent where the child sleeps more than half the nights of the year.  The IRS only follows where the child physically lives, and does not follow court orders regarding custody.   If the child does not live in your home, you cannot claim the child as a dependent unless the parent who has actual physical custody more than half the nights of the year gives you a signed release form.