What should I do? My son’s father, after about six years now, has decided that next year he wants to claim him on taxes. I tried to tell him legal reasons as to why he couldn’t so I wouldn’t have to fight, but I’m not sure what to do…I have full physical custody split legal. I make all final decisions, though. He lives with me and is supposed to see him on Sundays from 9 am-5 pm. He’s canceled until further notice because of all the coronavirus stuff and hasn’t seen him for a couple of months and only asked about him once. He pays $260 a month in child support. Nothing was ever said in court papers or parenting plans on taxes, though.
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Turn him into the IRS if he claims him. If you have custody, it’s your legal right to claim your child.
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Irs requires the child the live with the parent claiming them 52% of the year. So if you have him fill time. Youd claim him
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That’s easy. No. He doesn’t pay for even half of the expenses. If he does it anyway, take him to the IRS.
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No he can’t you can check a box on the tax form that says no one else can claim them
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Just make sure you file first and when he files he will be rejected because they only take a ssn once electronically. He will have to file on paper. Once they receive his return they will send both of you papers asking for verification as to who should claim him. Proof from doctors offices and the school and such proving you have him more than 50 percent of the year. Then his will be rejected and yours will be approved. If he happens to file first just file on paper and the same thing will happen and if he was paid by the IRS he will have to repay it.
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He can’t claim him if you have custody and the child lives with you full time.
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Just file before he does. Don’t let him threaten you and scare you into submission. You have full custody. You call the shots
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Hello… court told me that my ex could claim the kids every other year “if” he was not behind on any child support. Needless to say he never got to claim them.
Split custody’s usually share the claiming taxes each year.
Usually if a parent is behind on child support they are not allowed to claim the child on their taxes.
Hell no. All he is looking at is the money, tell him to go pound sand. If he loved that child then this wouldn’t even be an issue. Screw that.
File before he does and claim. If he files first, you’ll be able to present your case to the irs.
He will have to prove he pays half expenses.
Full physical custody also means you can claim the child on taxes, until that child either lives with the father or becomes an adult. Claiming is based on who has the child the most (aka over 6 months of cummulative time per year). He cant claim him unless you let him. Period.
He should be on your taxes if he’s with you Majority of the time. That extra income is for the household where the child resides
Just let him. Whats the big deal with sharing a tax exemption. I let my ex claim 1 i claim the other, he’s paying support. Its fair.
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Nope he cant claim him
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If he financially supports him, as you have stated he does, he should have been able to claim him every other year from the beginning. Of course he should, he deserves to.
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Legally if you don’t have anything written on your divorce papers or custody papers as to who claims child each year then he can claim his child too that’s what the irs told my mom but you can claim him after your ex claims the child it will take a little longer and you will be ask for proof the child lives with you which you will have school papers and other things to proof he lives with you and the money will go to you
If the custody papers don’t determine who claims him as a dependent then it is usually first in however if he beats you to the punch you can file a paper return and eventually the IRS will decide. That is for the dependent. For the earned income credit since he is in your home more than half the year the law is you get that credit. No court can determine earned income credit. I work for h&r block btw.
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I have custody of my child but in the child support papers it states it is to be every other year.
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The primary parent gets to claim the child unless otherwise stated in court documents. The child has to live with whoever claims them for more than 6 months out of the year. So if he isn’t living with his dad for most of the year, dad can’t claim him. And if he tries then you claim him too and the IRS will request proof from both of you for who the child lives with. Which he lives with you, so the IRS will give you claim to your child.
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Legallya as long as his child support is paid he can claim him every other year
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A child has to be in the other house for 6 months out of the year or suppose to be and that is told by the tax people doing your taxes
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If he pays child support he cannot claim him as an eligible dependant on Canada
He has to have the child’s personal information such a social security number to claim him.
My dad tried that one time. It didn’t work out for him and he had to pay a big penalty. He can’t just up and claim a child.
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In my state the child has to live with the parent 6 months and 1 day longer than the other parent to claim the unearned income and child tax credit. Unless it states different in your custody agreement. My oldest’s was able to claim the deduction but not the unearned income or child tax credits because he paid child support.
You just file promptly next year and he won’t be able to try and cheat you and your child out of money you are entitled to. Screw him and his greedy ass self!!
He can’t just steal your money like that.
Tell him no. The parent that the child resided with for more than 6 months if the year is the parent that claims. He will still get a child support tax credit as long as he is up to date on child support.
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File paper, call IRS and make them aware of it. I have to do it every year with my daughter who I share 5050 custody with. However since there in no order in place and he and I cannot come to an agreement as anything equal or not benefiting him he refuses to do and continues to claim her without speaking with us about it. So we go by the tie breaker if who makes more which is us. Since you have the child full physical and child is with you majority of the year you have every right to claim. File by paper and mail them. You may get notice from irs in mail dont worry about it, it’s just saying they’re looking into it and if you’re in the right you wont hear anything from them after
I’d say no. He cant actually claim the child without you legally releasing the claim to him.
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Talk to an attorney because different states have different laws
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He cant his taxes will get kicked back when you file and it will just take him longer to get his normal return 
He can try, but if the IRS notices hell face some penalties…
My ex tried to claim my kids the year we separated because we separated in June. He tried to pull the whole they lived with me for half the year. Yeah ok but they lived with me the entire year. Nice try. Whoever has physical custody gets to claim them. If you don’t have have physical you have to have a form signed by the other parent letting you claim them
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You already stated reasons he shouldn’t claim him. Call atty
According to the IRS the parent with physical custody gets to claim them for tax purposes. If you had a court order saying that you switch years then you would sign a paper every other year so that he can claim him, otherwise you would be in contempt.
It’s illegal for him to claim him if the child hasn’t stayed with him 50/50. Also he pays child support which also makes it illegal, that negates his claim of custodial parent.
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Yah no dont let him keep that income tax for your son he can’t claim him if he dont know the ss # anyway.
I’ve been though this. He can claim the dependence, but he Cannot claim the eic or tax credit. My son father realized this real quick and now I claim him every year.
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You have the right to claim. He does not. His child support can’t even possibly cover half your son’s expenses. He’s just wanting to profit off your son. Absolutely not. File your taxes ASAP. If he’s already claimed push yours through. You’ll win the audit.
On the hand I know couples who know 1 will get more back than the other. So they claim the child(Ren) & they spilt the return. Only do that if you know with a 100% certainty that your half will be more than what you’d get by claiming him.
So he pays 3,120 a year for his son in child support, hell that would only cover two months rent for me lol. I sure hope he pays for other things too like clothes food etc. bc if he thinks that’s a lot of money to help support his kid he’s nuts and has it easy. No if he lives with you and you pay more for him throughout the year then you get to claim him.
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File yours first, he could get in trouble for trying to claim an already claimed child
The irs asks every year if I’ve have signed one for my ex. Nope.
Unfortunately, you chose to have your child with this individual & bc you’ve stated dad does give support he should have a legal right to claim his child just as you have for other years! This is another reason “why” to think before bringing children into this world if one or either one cannot compromise; he is his father.
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For us, my husband’s court order says he can claim their son on odd years, she claims on even years. She can still claim like $600 credit or something like that on years we claim per the IRS as the parent who has physical custody.
I’ve never heard of the 52% thing mentioned earlier ever & we’ve been doing this for 10 years now.
You need to take it to court and have child support Papers written up saying that one gets the claiming one year and the other gets the climbing the next year if not you need to have the Papers written up saying that you are the only one that gets to claim him
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Call the IRS … They will tell you.
What do your papers say.
Regardless of child support amount if you have any government assistance he can not claim the child. If he does not live with that parent for 6 months out of the year he legally can not claim him. Plus if stimulus progresses into next year they would go by that year’s taxes… Just thinking a head
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Um…no. you have to select that the child lived with you more than 6 months out of the year. You may open yourself up to a child support issue if he claims him. Not to mention you will be setting yourself up to pay more in taxes without the write off. You take care of him majority of the time. I’m sure you’re the one who takes him to the doctor. In my case I pay all copays and expenses myself.
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File before his ass then when he does irs will be on his ass my sons dad pulled this hes looking at jail time for irs fraud
That’s a leech not a Dad😕
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IRS will tell you if he can claim anything. I don’t think he can.
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So u want him to basically get back part of the child support he’s paid you?? Thats kinda what would be happening. He would be getting refunded about 5 months worth of child support.
I’d tell him no, if he tries to anyways report him
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No , no ,no ,he only pays 260 a month and it costs a heck of a lot more than that to care for your child
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Me and my ex take turns claiming our girls. He pays his child support and visits the kids. He hasn’t seen my kids since this has been going on but we both felt it was safer that way. If it was me I’d let him claim at least one kid if you have multiple. That’s just my opinion
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Different states have different laws, so I would contact the IRS or an attorney.
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He has no right to. It is whom ever the child lives with and has majority financial responsibility. If he does turn him into the IRS for tax fraud. That money goes back into the home of the child not some one day a week parent. Your child deserves that money in a place where it will be used for taking care of him and his needs.
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If it’s not in your Parenting Plan it’s who the dependent lived with more than 6 months of the year
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Nope don’t let him! You claim him and get all that money back for your son and yourself. 260 every month do the math… and besides he cant child has to live with him…he wants to claim him for what to keep all that money hell no!
I’m sure if the child lives with you full time, then you claim. Why would he get to claim for having the child 1 day or week?! And not even overnight.
I would definitely say no to this.
Me and my ex husband do every other year but that was in our court papers that we agreed to do that. He can’t just decide he’s going to do it out of no where, he’ll have to take you to court.
He will get caught and owe money and get fined afger 6 years they will ask for proof of childs address school or doctor paper work which he wont have
Sure when he steps up to help you with him more than 50 % and has him most of the time.
You provide more than 50% of his living so you claim him. If you both claim him his father will be in violation.
Until than the parent who has done more gets that.
If the responsibility is split between both of you, then yes - and alternate every year. Most parents can come to this agreement without a judge telling them to do the right thing.
Why is he only paying that period
Nope whoever has him the most out of the year/pays for the majority of his care claims him
If nothing particular in papers, then yours to claim. My ex and I took turns but that was our decision.
It depends on the address used in school records
No way! You obviously are the parent that cares for your child both physically and financially. Why would he think he’s entitled to claim him?
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The parent who has the child at least 6 months and 1 day has the right to claim every year. Even if a judge ordered otherwise the irs gives the tax cut to the parent who physically has the child the most.
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The irs has an answer for you. If you have full physical custody the irs says you claim the child
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He doesnt have him for 6 months out of the year sooooooo
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Your son lives with you.You have full custody.He is your dependent.
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He can claim the child support or child care costs he may pay but not the child as a dependent or get EIC for him
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- he can’t
- If he does taxes before you and you go to claim him it’ll flag something and then he will get audited and thats never a good thing.
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No dont do it. You’ll be screwed. You have full physical custody and it costs alot more than 260 a month to feed cloth etc a child. My x did that to me cause you have to sign a paper and I didnt. Its took 8 months to get my refund back
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No. Why’s this even something you’re worried about.
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No.he doesn’t pay 50% expenses
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The person who claims the child on taxes has to have the child for more than half a year so he can’t claim the child anyways.
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You have full physical custody so you get to claim him.
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When you claim a dependent it asks if the dependent lived with you 6 or more months in the year, so i don’t think he can.
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if he doesn’t have his ssn he cant do anything
So he only pays $260/month and only sees him occasionally on Sundays only? I say No way! You have him the majority of the time and $260 isn’t even close to what it costs to support this child even half the time…That would be a big fat NOPE for me…
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If you have custody you are the one who claims him on your taxes and if he does he’ll lose his when I went through my divorce it was in the papers that i claim my daughter and my ex claim my son but he’d let me claim him cause id give him some money out of what I got and once he quit paying child support because he didn’t wanna pay it I claimed my son and so did my ex we both got papers asking if we who was suppose to claim him I threw those papers away and my ex lost his taxes and it went towards his back child support
He lives with you. He goes on your taxes
Once you allow him to do it, the IRS won’t question the next time he does and you’ll end up getting screwed if he does it again without you knowing.
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I don’t understand how all these dads are claiming the kids on their taxes.
Why are you mom’s giving the kid’s information away!?
I have two kids, their dad has never even seen their social security cards.
If you did agree though, he would only be able to get a child tax credit…You would still get the earned income credit for them…I know this because my husband did this with his ex.
Hell NO! Make sure YOU claim him!!he has NO rights to do so cause he “wants to” what an ass!! & hell ya it costs a shit load more than 260$$ a month to feed & cover doses of a child u have FULL TIME!! AGH stupid exs! If he stupidly claims ur kid, it will come back on him as fraud!!!
No, he cannot, since you have physical custody and he has weekend. Only .
Whoever has him 60% of time is what IRS says…so you…
The only way he should claim him is if he spent more than six months with him that year. Period
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