You’re primary care giver. You’re the only one who can claim him. If he does claim him he will get into trouble
Tell him that you are putting your son on your taxes and he can’t do anything about it.
If your kid is living with you, you claim taxes. If the dad files, notify tax fraud to the IRS. Then file.
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No. Just straight up no. Why would you even contemplate it? Aren’t you the one who takes care if them? Why woywld you reward him for soiwng the tiny bit that he may do? Trust me when I tell you that it will be a huge regret.
Absolutely not. Legally he has to live with him for 6 months out of the year.
You claim for 6 months and he claims for 6 months. However if you have legal custody you get to claim him. Point blank.
If he lives with you over 6 months of the year he cannot claim him
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Talk to an attorney. I had physical custody and because of that and the state I live in, I am the only one to claim said child.
If you were never married and you pay for more than 50% of providing for him then you can claim him on taxes… if he tries to fight you on that the judge will side on the person that provides more than 50% support
Definitely not!!! My child’s dad only has her every other weekend so about 4 days a month and it’s ordered he gets to claim her every other year 
. Definitely not fair. But don’t let him claim or he will take advantage of it and you’ll be fighting over it every year.
You claim him don’t let him. Because once he claims him he can file taxes before you and claim him every year without notice to you. 260.00 isn’t even close to supporting a child a month. That is what 1/2 week of daycare. Nope no way.
If he files first and claims him and then you file and claim him, the IRS will flag both accounts to audit. Then you have to prove you had your child the majority of the time. Tell your ex NO!
It asks you point blank on your tax prep forms if the child lives with you more than 50% of the time. If that answer is no, then no, he cannot claim him. And if he does, you submit yours as well and the irs will sort it out.
No the only parent tht can claim the child is the one with full physical custody. Unless you sign paperwork he’s SOL. He can try but will be sent a 25 page thing to fill out in which 3 people have to sign letters stating he lives full time with him. Also two have to be doctors teachers etc. The child support has no power and him not getting him due to this virus isn’t submissive because according to the govt we were always allowed to continue with visitation etc for our children. Basically. No he can’t. Whether he bullies you or tries. If he does try it may stop your child tax for about four months unless you can get the paperwork in first. My ex did write them off it took a couple months. However they called me as soon as they got the paperwork because I’ve always claimed my kids so he got nothing.
The child lives with you and your income. You claim the child.
Whoever has physical custody claims the child unless legal papers say otherwise.
There is a form you can sign but I dont advise you to sign it.
Depends what state you are living in and for me it was always who ever paid more than 50% of the cost of raising the child. Which was me so he had no say in it.
If he is living with you and you have some custody you claim him.
If the kid doesn’t live with him 6 months out of the year, he can’t legally claim him. It’s fraud.
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Look up you state guidelines on that" in Arizona as long as a parent is paying court ordered Child support he or she is able to claim the child on there taxes regardless of who has custody! Now there is a claws that says if he or she owes back child support they are no longer eligible to claim the child
Girl please… this man only sees the child 1 day a week for 8 hrs and he wants tax $$$. He pays $260/month…
How much is your rent or mortgage? How much you spend a week in groceries, how much is your electric bill and heating bill monthly? How much do you spend on shoes & clothing a month. Are they in daycare? Sports? Do you have to drive the childs to school or daycare or activities?.
How much in gas a week? All of this comes out of your pocket to provide a home for this child. YOUR child, your tax claim!!!
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It should be every other year in this circumstance. We have 2 of our kids with joint legal custody and each year both legal parents claim one kid and the kids alternate with each year per the court order. So I’d check your court order and speak to your attorney.
Have you double checked the paperwork? I bet it’s in there somewhere that you have that right.
Just tell him no… that you have the child therefore you are responsible for him
You can get him audited and for tax fraud if he claims him.
Nope, after me and my ex divorced I claim my daughter every year because she lives with me and I provide her everything.
Whoever he lives with over 50% of the year is who claims him (child support is irrelevant in sc)
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You have the kid you claim the kid if he does it then he will get in trouble dont let that ass try and control you.
Tell him no. In my order it stated that I have sole right to claiming my son as a dependent on tax returns. And usually the tax return asks if the cold has lived with someone else for 6 months or more.
A simple, no you may not. Will suffice. If he tries he can be in huge trouble.
Whomever has the child overnights the majority of the time is who gets to claim them legally.
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Who Can Claim: Custodial versus Noncustodial Parents
It’s common for the custodial parent – the one the child spends more than half the year with – to claim the dependent. But the noncustodial parent may claim the dependent if he or she provided half of the child’s support.
The noncustodial parent may also claim the dependent if a divorce or separation decree or a written declaration from the custodial parent says the noncustodial parent can claim the dependent.
If there’s any doubt about who will claim the child, it’s best to communicate with the other parent before you both file. When both parents claim the child, only the first filed return will be accepted. Other than that, adding the child to your 1040.com return is just a matter of filling out the Dependent screen.
Special Rules
If no divorce or separation decree states that the noncustodial parent may claim the dependent or there is no written declaration from the custodial parent, tiebreaker rules are in effect.
The parent who the child spends the most time with may claim the dependent.
If the child spends equal time between both parents, then the parent with the highest adjusted gross income may claim the dependent.
If only one of the taxpayers is the child’s parent, that parent may claim the dependent.
The child lives with you , you claim him. Your ex has no rights
The child has to live with the parent for 6 months out of the year to be able to claim them on their taxes
If he has taken care of babe for 6months or more he is able to claim. Otherwise fuck no
If you allow him to claim the kid then how month to month support will go up… And legally he has to live with him for 6 months unless you agree otherwise… Is what domestics told me in PA
He is paying child support and as long as he isnt major behind he should be able to claim the child at least every other year. You are receiving the support but you do not need to claim that as income. To be fair, I would say he has the right every other year.
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Nope. Do not give him your sons social. Child support doesn’t equal the right to claim on taxes.
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Hell no! If you have the child more than 50% of the year than you get to. If he does do it, then report him to the IRS by phone or mail.
Whoever (you) he lives with 50% of the time claims the taxes. Child support does not matter. And if he does use your son’s ss# he could get in a lot of trouble
You don’t let him 
if he files he will get into trouble
I would call the friend of court
File first. Rush, rush.
I think not it’s not enough support yearly contact a lawyer see what right and what his rights are my son claims his daughter but because her mother chooses not to work
Or be fair and take turns 
my fiancé does that they take turns he is paying child support It would be different if he didn’t pay child support
I would say it depends on what custody papers say. My custody papers say that I claim my son every year and we pretty well have split custody. His dad also pays child support. Look at your parenting agreement
It all really depends on what if anything was stated in court in alot of cases they alternate who claims the kids each year my boyfriend has claimed our daughter every year we lived together thats what we agreed on he hasnt lived with us in over a year but i let him claim her last year and we agreed that after that i would if your ex claimed the child before you you could contest it but all that would do is make it take longer and make them do an audit if there is no court order saying he can not claim him then i think he can it all depends on what is on the court order and weather you allow him to but he cant file if he doesnt have all the childs info like ssn if he doesnt have that then dont give him any info then he cant do anything
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He won’t be able to, technically in my decree it states we claim our daughter everyother year, my tax lady told me basically since I am the primary parent who holds all of the deductions for the child then i am basically the one who “claims” her no matter what and actually benefits from claiming her financially lol thank goodness because other than child support he doesn’t pay for or participate in anything she does but he is a show boat father so he loves the attention he gets when our daughter is with him ugh its disgusting…anywho…
This is something you should amend your custody agreement to include. That way there’s legal paperwork stating who gets to claim the child on taxes
Nope. He only sees him on Sundays and doesn’t even pay for half of what he needs a month. Absolutely not.
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Court usually will say because it happened to me. I got even he got odd. That was after ten yrs. He made 3x what I made a year
It’s whoever the child lives with more in my state. I claim my son every year.
He can’t claim him unless he lives with h full time
Girl dont let him! Especially if he owes any back support! Legally he cannot claim the child. You have sole custody so you are the one who claims him.
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Ask any tax preparer. You have no legal right to claim the child unless you have 50.1% or MORE custody. That’s that. He can not claim him legally unless you fill out an IRS form (Cannot remember what the number is right now) and give him permission.
If he lives with you you are entitled to carry him. No fighting that’s just the way it is. If you support him and he lives with you 6 months and 1 day he’s your dependent
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Unless stated by the court
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Tell him he lives with you and you are claiming him
Him only getting visitation from 9-5 one day of the week I don’t think he even qualifies to claim the child. I was told that whoever has the child the most through out the year claims the child. Maybe just my state??? I would make him take it to court .
If there’s no agreement on tax filing in the custody agreement, then whoever the child lives with more than 6 mos of the year. If he tries to claim him, you can contact the irs and tell them he illegally claimed your child. Theyll audit him, and divert that money back to you.
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If you both claimed him the IRS would give it to the parent the child lives with( if they ask for proof you would need things like school records showing childs legal residence). In order for anyone but you to claim your child they need to have you sign a form 8332 which releases your claim to that person or needs a court order. Otherwise it is the person with physical custody.
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It’s wherever the child lived 6 months and 1 day
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The year has 365 days, half of that is 182.5 days the parent that has the child “one or two more days gets to claim the child! Ask any pardon that has a license to prepare Taxes!! That’s all it takes one or two days.
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Nope. He legally has no foot to stand on. 
Don’t do it. Just claim your kid.
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When you file taxes it clearly asks if the child/ dependent lived without you for 6months or more out of the year, to claim a child/ dependent that statement has to be accurate. If not then it’s falsifying legal documentation and is penalized by fines and or prison. Also person found guilty of lying on their taxes could potentially OWE the money they get back in taxes back to the IRS.
If your court docs don’t say I’d contact an attorney. Most will do an hour free. Some county governments have a law library and you can ask questions. I’d dig into it.
Husband splits the kids for taxes, one is claimed by the ex one by him. Accountant said that’s ok as long as each kid is only claimed once
Nope! But if ur worried about it u could probably hire an attorney for cheap to just write a letter that says buddy u bet not!
If the father provides the majority of the childs needs threw the year then yes he can claim if you provide the majority then you claim him. Its asks in the tax for services if you are the main supporter of the child. You know food home cloths ect. If its 50/50 then you should split it one year you one year the other. Its the fair and just way to do it. The child tax credits are meant as like a refund for the money put into raising the child. If one person is doing more work and putting in more money its the right thing to do
Nope. Make sure you file ASAP when you get all your forms so he doesn’t sneak file. Some think they can do that but if that happens, contact the IRS and they will make him pay it back.
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Unless it is court ordered you are the only one to claim him. He will get into trouble if he does. So don’t worry about it keep claiming him and let him deal with the irs
I’m on the flip side, if dad is contributing more than half of the support financially for the child, he should get to claim at least every other year. 260$/month doesn’t sound like 51%+… so then I wouldn’t.
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I’m pretty sure he has to have him 51 percent of the time for him to claim him.
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File first… you get the deduction and he will have to prove you are wrong. 
Noway,you have full custody.You provide the home ,and every thing else he needs.When you do your taxes ,go to an accountant.
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Unless support is over 300.00 a month, custodial parent claims. 300.00 to 900.00 per child alternate years, over 900.00 per child or over 75% of financial support per child then paying parent claims the child.
The deduction is supposed to help who the child lives with offset expenses. He lives with you, you should claim him period. I can’t stand people who think paying child support is supposed to “cover everything” and get a deduction for paying it. No, you can’t be a part time parent and claim the child at tax time. Gross.
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According to the tax preparer I use through H&R block, the parent who has the child the majority of the time holds the right to claim the child on taxes. In order for the other parent to be able to claim the child on taxes the parent who holds majority physical custody is supposed to sign a form giving permission for the other parent to claim the child on taxes, but even then they are only supposed to claim the child for a specific credit (sorry i don’t recall the name). You still list the child as being with you and a dependent but you don’t get one of the child tax credits. Also, the IRS is not bound to custody court orders (according to the tax consultant who has been a tax preparer for over 20 years). So, without your permission or consent he cannot claim your child. If he does you can fight it and the IRS will conduct an audit on who has the child majority. Granted, this will delay both parties tax returns.
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Generally in order to legally claim a child on taxes they need to reside with you for at least 6 mos out of the calendar year
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Tell him to kindly fuck off 
tell him no and if he does call the irs and report him
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You’ve claimed him for the last 6 years? Why do you feel he shouldn’t? It should be every other year. Unless he’s not paying child support
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He can not take him if he doesnt have paperwork with his address as place of residence unless you sign a form 8332 release the exemption to him. Per irs rules.
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Nope. IRS says YOU get it. That’s how the tax law works. Whatever we agree to in family court really doesn’t matter if you wanna be a dick. But i don’t think a weekend parent should get their child support refunded every other year
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If he pays to support the child he deserves a tax break too
If it’s in the divorce agreement it would b a yes if not he’ll no
I believe claiming taxes legally goes to whichever parent the child resides with more regardless of child support. It’s my understanding both from my tax lady and my lawyer that there is a tax break if you pay child support though so it’s not like that parent gets entirely screwed. Many parents who have 50/50 custody either trade off years of claiming or if there’s more than one child split which children they claim. I was also told by my tax lady that because I claim my children and have submitted forms proving this in our divorce decree my ex husband could get in serious trouble if he tried to claim them.
If you have full custody you get to claim him on your taxes every year. There use to be a thing where you and the other parent would switch every other year on who claims the child on their taxes but they got rid of that rule and now the parent with full custody gets to claim the child every year.
Yay NO. He lives with you.
I would request a special pin for your son’s SSN so no one can claim him without that pin. I think it can be requested from IRS. I know people do it for identity theft during tax season. Good luck!!
Nope. Nope. Nope. If you have physical custody you claim him.
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The IRS law is clear. You can claim anyone if they physically lived in your house for at least six months out of the year and you took care of them. Most of the time child support is little to nothing these days. You provide a roof over his head and the majority of food and clothes. You deserve to claim him, if for nothing else, to keep your head above water. What about health insurance and the dentist. Child support don’t even come close to touching that. You claim him and put it in a saving account for a rainy day. Good luck.
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You claim your child
If he takes u to court, he could very easily win, everyother year filing rights as long as he isnt behind on support. If hes paying child support I dont see the issue.
260.00 wow! That don’t come anywhere close in helping raise a growing boy ! Shame on him.
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When you file it specifically asks where the child resided and who supported more than 6 months out of the year, if he lives with you all the time then you get to file, even if he files anyway and you get audited, you have proof that your son lived with you the whole year and the ex will be screwed
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If the child lives with you 6 months out of the year than you have the right to claim him and not his father UNLESS you give him permission, however if you have joint custody and he claims your son you can always write to the IRS and explain to them the situation and that he was not given permission and the child lives with you and you will have to show proof and that would just be his doctor and school records with your address so they know his residence and insurance card will also help if the insurance is under your name. I had to do this when my twins were younger bc my ex’s girlfriend thought she was going to claim MY kids on her tax return and get away with it…NOPE!
Something rather important to not know
If it’s not in your decree then it’s a race to whoever claims him first…since he pays child support he gets to claim exempt on his w2s which qualifies he gets to legally claim unless otherwise legally documented. I have 50/50 of my daughter, he pays child support, now it’s garnished, we rotate years.
If you pay more than 50 of expenses for your child and he lives with you then tax law is on your side. In order for him to claim him he would have to lie and say he payed for more than half of the expenses for the child and that the child lived with him
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