Is my ex allowed to claim our child on taxes?

turn his ass in to the IRS , he has no support receipts

That why I had it put in my divorce decree that my son’s father had to work coconsistently and to be current on child support for him to be able to claim on his taxes. Needless to say my son is 14 and he’s never once claimed him.

If there’s an order saying that he gets to claim her, then dont try to claim her yourself. Yes, his return will be withheld for back child support. BUT, if he isnt caring for her and isnt paying support, then you really need to go to friend of the court and file a motion to have that part of the order changed. Also, talking to your FOC worker is more reliable than asking people here. Every state etc has different rules. Talk to your worker and file that motion!


If the child doesnt live with him and hes not paying his child support he shouldnt be able too

If he owes back child support the government will give you his tax return.


Federal court trumps state court dont matter to IRS what a judge says whoever claims this child has to have said child 6 months 1 day and if audit you has to prove child lives with u that time and school records and drs records showing the address of the said child…alot of ppl think it’s ok bc a judge has that wrote in agreement…but you call the irs and I guarantee they will tell you samething I said…


If he claims her they can take it for back child support

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I wasn’t married to my sons father but the judge said his father can’t claim him unless he’s caught up on child support. He’s never paid a single cent.

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Call your government tax line and ask them.oh so if there’s already paperwork in process you should be going after your ex for child support.


the fact that hes not paid child support does not matter. yes he claims her if its his turn period

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If he claims her they will just take it all and send it to you for back child support.


Take him back o court!

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You have to take turns every other year

File first if he isn’t paying child support hes not gonna take you to court over it

I went through this already. The courts can say that you alternate every year but in fact in order to claim a child on taxes you would have needed to live (residing) at least 6 months of a calendar year to be able to legally claim the child on taxes. So even if the court says that they can get into big trouble for claiming them.


If you claim her it is going against your court order and that could mean legal issues for you.

As unfair as it is, he claims her. Go to court and petition to have it changed that’s all you can do.

If he does they’ll send his back child support to you. If you do you’re legally committing fraud per the decree.

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If he isnt current with child support then no he doesnt have the right to claim we just spoke to our lawyer in regards to my hubby claiming vs. His ex wife and the attorney said if she isnt current with payments she cant claim even if the decree states otherwise


If he owes back child support you’ll get his entire return regardless. But I’d read the fine print in your agreement because it can very sometimes he has to be up to date on child support, but he probably already received an offset letter because of child support being past due


If you claim her because you feel it “isn’t fair”, you’ll have to pay back the money plus they could penalize you. Regardless of your feelings, you have a court order for who gets to file when. If he’s behind on child support, you’ll get his return.

In my state if he owes back child support and claims the child it will be taken to cover what he owes


If you have a court order you should follow it. You can always call the clerk’s office at the courthouse to see what you can do for modification but I wouldn’t mess with an order signed by a judge.


Yup, cant go against the divorce decree. You need to file contempt of court for failure to pay support. Get in there asap and they may intercept the tax check.


Depends on what your court order says. Mine was specified that my ex was only allowed to clame them if he was up to date on child support. If yours doesn’t have that stipulation in it then yes he can clame her. Either way his full refund will be taken to pay child support. They will only give him what’s left over if any at all.

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If he claims and owes back child support the state will take away the portion owed to you via state but they won’t touch the federal. I believe you have to read the divorce decree and if it states that the father may claim children on tax return if he is current on child support then you should claim the child

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I would ask someone @ the courthouse or dss too make sure before you do

I just went to court on this on the 21st. If he is not current through the CALENDER year then yes you can claim the child. My ex owes $33,000, and the government has never withheld his tax return, and gave it to me.

If it’s part of your divorce, court ordered and agreed upon, whether he pays support or not, then he can file if it’s his year. So probably best to stick with that order or petition the courts about the issue.

Go to court for him not paying. Let him claim, theyll most likely send his back support to you. Go report him now paying like asap!!


If its court ordered then yes he can still claim her sadly

Do they not garnish his checks? If he files for taxes it should be garnished as he owes it. But it’s true that if you file and use her the IRS doesn’t care what the divorce decree or any court precedings say, it’s whoever lived with the child. My husband found out the hard way one year it was his turn to file and use the children with his ex, she filed and he filed both using the children and he had been told he couldn’t even though there was an agreement it was his year.


Check your parenting agreement. It will say.

If it’s his year yes you could legally get in trouble if already agreed upon. You’ll get the money though if he has back support

Yes, he can claim the child but if you have reported that he isn’t paying child support they can take his tax return.

I believe they have to be current on child support in order to claim on taxes.


He can file. But it most likely will be taken from him lol. You stick to what your divorce papers say. Because if not you will get in trouble.

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Let him file your child. The government will take it and send you a check for whatever he owes you. You’ll get all of it if he owes you more than what he got back

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Look at your divorce papers and see if there is a exception. My friend is supposed to switch every other year with her ex but if he is not caught up on his child support then she gets to claim their child.

You cant go against the divorce decree. However I certainly wouldn’t let the child support people know he is claiming the child so maybe they can take his return to pay the back child support.

No ppl IRS dont give a shit what’s wrote in a divorce …whoever this child lives with 6 months 1 day that is all IRS cares about…who can prove child’s residency like school drs etc…

You have to follow divorce decree.

Yep he can unfortunately. Two different things

Go to court for back support

It depends on the wording in your divorce decree. Mine says if he is an arrears he does not get to claim our child. He has to be paid in full. Granted, it’s been a few years and we’ve come to our own mutual agreement but please Read your divorce documents closely

For them saying they’ll take it out federal.none of kids dad has never been update to on date in child support and it gets into court and nothing happens no federal or state ever from them

If he owes child support, theyll take his return and give it to you reguardless! Let him file, you dont want to break a court order, you’ll get you’re money whether he wants to pay you or not.


Depends on your court order. I’m suppose to alternate but the order says if there is child support owed I get to claim the child every year. But like others have said, if he files and owes you back pay you will end up getting something regardless because they will pull that out before anything goes to him.

You claim her if he is not current in his support payments; if he is that behind and that’s a lot to be delinquent in child support, I’d be getting his refund if he’s got one coming. No judge could bat an eye at that, unless he owes the IRS too, that’s as bad as two baby mamas with two empty diaper bags…

Can he ? Sure if you allow it but legally idts if you had the child for more than 50% of the year. But regardless if he files or not he hasnt paid in 2 yrs most if not all of that will come to you

If it is court ordered unfortunately he has the right unless you take him to court and fight it… I am currently going through this myself…

Do it first and his will be rejected :joy:


Yes he can but they will take whatever he owes child support out. Call the attorney general and make it known

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Yes, it’s court ordered.

Does he owe child support. Youll get the money if he owes

Child support should take it all’ for back Pay and it come to you anyway! Call child support and see if they will take it

Let him file,then money goes to you for back pay

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My late husband had hip surgery and was off work for quite a while. Ended up getting behind on his child support barely (less than $100). I offered to even pay it for him but wasn’t allowed. It was his year to claim his daughter for taxes but because he was behind on child support the ex had rights to claim over him. In his incident I didn’t agree with it. In yours I do because he hasn’t been helping support his child financially in so long.

If it’s ordered in the child agreement

Call your local clerks office.

Yes he can. Stop being fucking petty n get the fuck over yourself. Im so sick of all mother’s like you. If all you bitches can do is cry about money, hand the kid over to someone who will actually provide without bitching. For fucks sake

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Technically if he’s not current on child support he can’t claim her. But that could vary by state. (In Indiana you have to be current)


My divorce degree says that child support must not be in arrearages in order for him to claim one of our children.

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If he files and is behind on child support, they will take his taxes and put it toward his child support. Just make sure to go by there office so they can flag him and his payments


I don’t know how or why claiming children ends up in a divorce agreement. The IRS is pretty clear in its rules, if the child lives with you for more than 1/2 of the year & received more than 1/2 of their support from you, you claim them.
Since you made an agreement in your divorce for every other year you have to follow it. Who claimed last year. That is the easiest way to determine who is able to claim.


In my state, if hes behind on child support they will take his taxes and give them to you.


Go by the irs guideline. How many months did the child reside with each parent. Whoever has more than 6 months claims the child.

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If he behind, you’re gonna get it anyway once he files.


Call child support and see if they have it set up to where they take his tax return because he’s behind on payments. I received my ex’s tax return one year when he was behind on child support. He is still allowed to claim the child unfortunately.


Mine can well spilt it but clearly I wasnt good enough clearly trying over n over why bother not like I was ever good enough

Its his year so he files. If he files cs will probably take it anyway since hes in the rears for it so ur gonna get w.e back pay he owes

I would go back to court. And tell the judge that. He may take him off tax every other year thing


Im sure who ever supported her for the year is the one to claim her check with atax person


If you’re in TX if they’re in the rears in child support, his tax return will go to the attorney general. And if that’s not how you’re collecting, I would call the IRS or some one. So don’t argue or mention a word. KARMA is a bitch :clap:t2::clap:t2:

Do you go through the support system for child support? You should have a notice from them of the arrears if you do. Behind 2 years, WOW!! File a claims report (forget the form name) Basically a lien owed to you. It will show up on his credit report. could help. They give legal advice for your state on situations. I don’t know how divorce decree works with IRS.

I’d call a lawyer. Go to support office they may know and I they don’t get the ball moving. They’ll probably take his taxes for back pay

No not without a letter from you saying he is allowed or if yall are divorced it would say in the divorce agreement

If it’s in the court order, then yes. If he pays child support through the state, then the state should claim the arrearage from his refund.

He can, but they will keep it and give it to you more than likely.

Court has ordered that this is his year. If he has not paid then you need to address that in court. If you would like it amended that you receive the tax refund, you would need to have that approved by course.

If he’s involved with a child he’s allowed to file one year and you next that’s what my lawyer said. It’s Florida’s law that many don’t know of. IDK where you live love. You should definitely find out

When my ex was behind in child support the law here was he had to be paid up by January of whatever year it was by like the 11th or he couldn’t claim our kid. There were a lot of years he didn’t claim our son due to being behind in child support. Then they also took his refund during the tax intercept. Check the laws in your state.


if it’s his year let him take it. It’s in the divorce decree. All you can do is go back to court

If he dont pay child support you dont even have to let him see them go talk to the case worker

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Not complying with the legal divorce, he could get you for contempt. Most states, if u have established legal support, will take his refund and apply to rear support. You should also go back to court if he is not paying. Basically…contact a lawyer

Child has to be living with you for 6 months out of the year to file on them. Also if a father doesnt try to make contact for 2 years or so you can have them removed from the birth certificate but you would have to prove abandonment on his part.

Honestly if it’s his year he gets to file her but if he’s behind I get a lawyer involved and see what the steps are to get the back suport as well as keep him paying

You need to follow the Court Order thats in place. WHY don’t you go to Court to have it modified? The Judge may rule in favor of you. Under the Circumstances

Depends what your agreement is. In mine it says if he misses even one payment that I get to claim her. I’d call child support and have them look

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According to our state. If it is court ordered to rotate years then yes he can claim her. However depending on how far behind he is, you can contact Bureau of child support to attempt to garnish is taxes to make up for missed child support.

Who ever gets to it first

Until you go to court

If you child support goes through the state child support office and he owes back support. His taxes will be taken for the back support and given to you anyway

If he’s behind on child support they will take all of his tax refund and give it to you

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Every time my x was behind he never saw the money. They put it toward his outstanding debt and I got it lol.

You said he hasn’t paid child support but is he actually on it by court order if not than there no reason why you should try to stop him. And it’s court order that you guys take turns so yes he can and you need to let him claim her if you do it you can get into trouble for it. He may not get it but he may it might go to you if he is on child support but court and he hasn’t paid

If it’s his year to claim and it says that you switch off every year with it then yes, he does. If hes behind in child support most states I think take what he owes out of what he would get from his taxes so you will probably get the money anyway.

Nope he has to be 95% caught up. Go get proof from court stating that is he behind and let them know what he is trying to do.

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My husband has the same court documents stating he is allowed to claim on odd years but it also says he has to be 95% caught up thats per state and county regulations and they wasn’t even married.

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