I am my sons sole provider and always have been…his dad told me he was going to file before me and claim my son so I couldn’t…can he really just do this? What can I do if he does?
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He can. It will make your taxes take longer to come back. It’s illegal for him to do but the chances of them doing anything are 0 to none.
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Depends if he keeps him 6 mths out of the year… if he does not and only pays child support he can not claim him,he will have to give it to you… I went through this my ex tried to claim our girls he could not…
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He can but if he lives with you for 6months of the year then you still claim him. Irs will get involved and it can take up to a year to get your taxes back
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If you claim him every year… it will flag it when someone else tries to. I had someone try to claim my kid once and had to wait a year to get my tax return.
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There are pretty clear guidelines for divorced parents claiming a child dependent. You can find them in the IRS website. If he does not meet those guidelines and continues to claim the child, you can report him.
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He could but if he lives with you most of the time then you claim him also. They will do an investigation and you can prove that he lives with you and then you will get the money and he will owe it back.
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As long as he has the SS# he can. My husband’s ex used to do this with their son who lived with us full time. We didn’t even know where she was. But if she filed before us, she got to claim him. It’s wrong and you can file an amended return but it’s a long process.
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From experience, if you have proof of care and custody and you claim the Childtax, you can charge him and whoever does his taxe’s.
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He has to have the child’s social security number.
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He can if he has his SSN. It’ll reject yours if you efile afterwards, you’ll have to file by mail, then it’ll cause both of you to be delayed. Ultimately he would end up having to pay it back if you could prove you had the child more than 6 months of the year.
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Depends who is the custodial parent. Sometimes if done legally parents alternate each year who claims the child. My husband had an accounting business with a substantial tax prep practise. That is what I know in New York. If the non-custodial parent files first it can create problems for the custodial patent.
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Yes can of you never took him to court and got it in writing that he can’t.
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If you’re the primary custodial parent, meaning the child lives the majority of the year with you, he cannot claim him on taxes, unless the two of you have an agreement where you alternate years claiming the child.
If he does file his taxes before you, he would need the child’s SSN to claim him and if he has it and files, then you would file your taxes, also claiming the child. This will flag both tax returns and result in an audit, where each of you will have to provide proof that the child lived with you. That will be easy for you, but it will delay your refund. Dad will then have to pay back the IRS.
My ex-husband did this once with our son. It didn’t end up well for him.
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He’s asking for trouble… lol He doesn’t have him more than you … he will not be able claim unless have it set that way by the court. When file use your son and irs will ask for proof who had him. The person who shouldn’t have filed will get in trouble. Perhaps warning him you will tell the irs we discourage him from doing it.
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He can file and claim him and say he has him. If he has all the information needed. Does he have his Social Security number? If he does then you may be out of luck. You can contact irs but most likely won’t do anything and your taxes will be held up. It’s a shit show to be honest.
He can, but if you both file him the irs will flag it and contact you by letter I believe, and you’ll probably just have to show proof of sole custody
As long had he knows his ss# he can . It’s whoever files first . You can contest it and try to amend it . But it a very long process . Honestly nothing would probably be done about it
In Canada if you e let’s claimed them they call
You if they do that and you have to fill
Put Ezra paperwork. It does take longer. YouU be able to call them and ask what to do and they can put. Note on your stuff.
Child has to live with you 6 months of year
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Yes he can if it is in the divorce agreement. Also if he files first IRS will bounce yours back. My ex did it one year and I couldn’t do anything about it unless I wanted to take him to court. Didn’t want to loose work for 1000 dollars
Depends on if you have any court orders, where the child lived, do either make enough to even have eic - as a level 4 certified tax accountant many variables can change the answer
My sons dad did this with my daughter he claimed her (not her dad)and he had to pay everything back.
You can put a pin on his ss#
Tell him you already filed. Then file immediately the moment you get your W2
You can both do it and then you’ll be be audited. Since he has no proof he’s provided for him and you do you…he’ll end up having to pay his back and probably being fined. I’d let him know that. Like ok sure go ahead but just so you know you’ll get in big shit later lol.
I have a friend who years ago lived with her sister and her sister took care of her and her kids for a bit. She allowed her sister to claim her 2 kids on her taxes and they gave her the tax credit. Girls non involved father also claimed them and received the credit. They audited both of them and unfortunately since her sister wasn’t a guardian they actually gave it to dad and made sister pay it back which was total BS. But your mom so I think it would go differently.
If he does you file an Injured spouse claim. It’s a simple form. Bet he won’t do it again. He pays penalties and has to repay what he should not have gotten.
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The IRS guidelines are that the parent who primarily provides for the child is the one who claims the child on the taxes. It does not matter if there is an agreement in place or not. My daughter lives with me primarily more than her father, and despite our agreement, I was informed by the IRS that because she lives with me primarily, I federally have the right to claim my daughter on my taxes. Because I meet the guidelines of being the primary caregiver. Also, in the eyes of the law, he is considered the non-custodial parent and for him to claim your son on taxes, there is a certain form that you have to sign giving him permission to claim your child on taxes. And if you do not sign that form then he legally cannot claim your child.
Put a PIN on your child’s social. Then no one can use it without knowing the PIN.
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He can, but and it’s annoying to deal with as we’ve been there but you’ll just have to provide a couple sources of proof that you are sole provider and it will eventually work out.
Do you have a court order?
He can if there’s no court order in place for it, but in my state you have to provide proof of residency to claim and provide the SS #. Don’t give him your child’s SS# if he doesn’t have it. He can try to get the ss# from the SSA but needs birth certificate so like I said, don’t give any documents to him. If he does file before you, I suggest you contact the IRS and file a report. My ex can’t claim our kids because they don’t live with him, he doesn’t provide for them and doesn’t have their ss#.
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He can do it, but you can file fraud. You’ll have to prove you have him a majority of the time and it might take longer
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My ex went to prison when my son was three. He has been out of our lives since then, yet has claimed him for many of the years. If he claims first, you will have to go the paper route and mail in your return. I have reported so many years I lost count. Once I did get a form to fill out and they wanted all info/documentation of why I should be able to claim him since we both did. It was established that I was the only one allowed to. So for a couple years he didn’t, then has done so again. So you will have to do paper and mail in …you can report him (good luck with that). I don’t think they track them down like they should. Seems insane what people can get away with these days. 
I hope you have much better luck than I have! (Tho I always get the money, even when he does…just pisses me off that he gets money when he isn’t even someone in my child’s life!).