If he pays child support, he should be allowed to. They usually rotate. One parent on the odd years (2019), one parent on the even years (2020). It doesn’t matter if he sees or doesn’t see the child. Taxes are a finance issue just like child support.
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Someone I know splits custody of their child with her ex. They’ve had to argue out similar issues. A piece of advice: get a calendar or diary and document everything. When your ex did/didn’t have your child, when there were dr. appointments & how much paid out, any other significant expenses above normal costa, etc. And keep receipts. To back up your claims to IRS. If you go to the trouble this year, maybe he won’t try it again.
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If you’re full support than you claim $260 a month divided by 4 is only $65 a week 
that’s like half of what it costs to feed him.
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What do the custody papers say? Do you have your son full time. Does his father pay child support? You can ALWAYS call H& R Block. Ask for the supervisor, ( they generally have all the experience) ask them. Or better yet call the IRS.
Do you get earned income credit? Is that why dad wants him? To get more $$$?
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US Federal government only cares who provides at least 51% of financial support for the child regardless of court orders. So if you have the documents to prove you financially support your child then you claim them. Period. Court orders do not matter to the IRS.
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If you don’t feel comfortable, then say No. My eldest girls so-called dad asked me if he can use them one year, and that was because he was making good money and didn’t want to pay back…I laughed and said oh well…he played that I pay child support card. For 3 years $38.00-+ a month is not support, and besides he still complained…and he rarely saw them, let alone went out of his way to visit them. Now they adults, they already know how it’s been. He ain’t never picked them up from falling on thier knees or there when a boy broke thier heart.
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Not just no, but hell no! You would be opening up a huge can of worms for yourself if you let him this one time. If he wants it that bad, let him fight you in court, which he won’t, because he can’t prove that he provides enough support to justify it. Working in the court system I see it all the time…just say no!
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I’m fighting with my son’s mom about this right now he has lived with me full time for the last three years and since we moved to Calgary last summer she has called him maybe twice I believe the person who has the child full time should be the one claiming
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When I faught in court it was ordered the custodial parent (me) gets to claim him because they must live at least 6 months out the year in the other parents home. I’m from RI…hope this helps
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If you have your child over half the time then you have legal rights to claim the child just because someone pays child support doesn’t mean they can claim the child , child support paid at $3100.00 a year is not supporting half of a child’s living expenses or needs by law he can not claim your child
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Unless there is something SPECIFICALLY laid out in your parenting plan that says he can claim your child, legally you claim your child if you support him for more than 50% of the year.
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In Indiana non custodial parent gets to claim every other year. I would check the guidelines for your state, then recheck with the courts before acknowledging him. In my case saying no before checking always seems to backfire. Best of luck.
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Personally I would say no that amount he pays a month is a joke does he know how much kids cost. And he hasn’t seen him or ask about him hardly at all. Hell to the no your the soul care giver you should be the one to claim him! If he cared enough he would make a effort and sounds like he isn’t and that’s wrong.
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My child support order was lowered by the judge because I claimed all four of our daughters on taxes. But he never filed taxes anyway so giving him a 300 cut on taxes was bullshit. Especially means he’s never paid it until they were out of school. Now that it’s all back pay he’s paying it little by little. Like only 23.00 a week.
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If he pays child support it should be on the child support worksheet. They get a tax- break if you claim the child every year. If the line shows 0 that means you claim the child every year. If there’s an amount there you alternate claiming the child every year.
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If the support he is paying a court order? If not, claiming the child could be order of support, I was told by my attorney normally the parent who makes the most claims the child. So, is that extra money/less money more than he would have to pay in support if court ordered?
That’s how I feel about it… if I make sense
That being said…
Mine isn’t in support, I signed off and allowed him to claim our son for 2019, unfortunately he got the extra $500 for him on stimulus check too, but it keeps peace and harmony 
If he pays child support & sees his son (when COVID is not in the picture) then I would do one year I claim the next year he claims and back and fourth and so on etc that’s just fair but then again that’s just me…I’m still with the father of my kids for going on 17 years now…I dnt have to deal with that mess so good luck
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That is not up to you to give him permission. He has to go to court to be able to claim his child on his taxes. Paying child support doesn’t give him the right to claim him. The IRS goes by who has the child the biggest part of the year. You may want to check the law in your state.
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if your child lives with you more than half the year and you pay for more than half their stuff then you claim the child if you split custody and split everything then you could rotate! use your head and do your research! mine sons father wanted to claim our son i said he didn’t pay for anything when we were together i did i supported the 3 of us and he would steal my money and destroyed over a few thousand dollars of my stuff! he never filed taxes then randomly wanted my sons social after not seeing him for a year i said hell no now he hasn’t seen him in 2 years
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Federal law is whomever has child the primary amount of time. However, custodial parent CAN allow non custodial to claim child.
I always suggest putting it in writing, but remember unless it’s a court order the judge does not have to accept written documentation.
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No… you don’t have to explain yourself to him, just say no. He’s just looking for a payday, don’t let him make you feel guilty when you are the one taking care of him not only financially but physically also.
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In Canada, the parent with whom he resides for the majority of time claims the child. The Dad can claim his child support payments but WHY should Dad get any tax breaks when he sees him a few hours per week and is a non custodial parent? No.
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It specifically states when you file your taxes did the child live with you more than 6 months of the year. If the answer is no, then you don’t have any need to claim them. You receive a child tax credit bc of what you spend taking care of that child throughout the year.
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In California whoever the child resides with has full legal rights to claim the child. We found this out a few years ago with my bf’s ex. She made sure to bring it up in family court and to get it clarified by the judge. She made sure they put that in their custody order. He shares joint he pays medical and child support and then some and has no rights to claiming the children. At the end of the day do what’s best for you and your child. If you feel in your heart it will go bad or ruin things don’t do it. If you feel like you can work something out like maybe alternating years just get something in writing so it covers both sides
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You have to have the child more than half the year to file them on taxes. With the custody agreement you’ve stated youve had that. He has no right to file him and if he tries to you’d win against him in the eyes of the IRS.
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Unless a judge says he can claim on odd or even years. It’d be a no for me.
Only because if he claims him next year whos to say he says the following year. Oh I already claimed him. I forgot to take his info off.
Nah. Nope for me.
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I believe IRS guidelines are who ever the child resides with the most thought out the year gets to claim them.
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If the child resides with you for 6 months and 1 day or more it’s your right to claim them not his. You don’t have to let him claim him
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He is not paying enough to say he pays half of what it costs to support him. You should claim him.
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I doubt he knows your son’s social security number, which he would need, so I wouldn’t give it to him.
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NOPE,if you give him permission one time then he can carry him again the next year before you get a chance.If you support your child and and have him most of the time you should carry him .Your business BUT mistake if you do
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Sounds like you provide more than 50% for your child so no, he cannot legally claim him unless there is an agreement. Whether he pays child support or not. But check the law in your state.
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If you have full custody, provide housing, food, utilities and most of the support for him, that money goes to you!!
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Most states Where there is a Child support order and the absent parent is current with support payments; can legally claim that dependent on his or her taxes every other year.
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I think the law is if he stays with you more than 50% of the year you get to claim him. He would probably get him self on deep trouble if he claims him too
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No way! Full physical custody to you… you claim him. If its 50/50 or 60/40 I’d totally split up and do every other year.
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It should have been in the custody papers. In mine, for example, me and my ex alternated years on claiming our son on taxes. Tell him he can take you to court over it if he feels the need but until it’s included in the custody papers he’s not claiming him. It’s honestly weird to me that it wouldn’t be included since that’s an important thing.
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If you file and claim your son and he files and claims your son, you will receive a notification from the IRS letting you know someone else claimed your child. If you are in the right, you need not do anything. They should pursue him.
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Whoever has legal custody of the child has full rights to claim the child at all times but if they choose to allow the other parent to do so a waiver has to be signed giving permission and has to be done for each tax period does not rollover
“Legally”, you have 100% physical custody. IRS and State go off who has the child most. With your custody order, all you’d have to do is send that custody order to the IRS as proof if he claims the kid, without your permission. They will then cancel any refund he has coming because of the child, and you will be allowed to claim. Legal custody is only to make decisions for school, health etc.
Legally he won’t be able to, I was up for it but the accountant and government told
Is unless it’s split custody or he has primary he cannot
If your child lives with you more then 50% of the year you are the parent that files UNLESS it’s stated in the court papers that you alternate years.
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If you have domicile custody he cannot legally claim y’all’s son on his taxes.
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What state? If it doesn’t say in your decree, then it’s whoever he lives. His dad would have to claim he was living with him for than half the year or supporting more than half of his expenses (and $260 doesn’t cover half, especially if he’s in any sort of care). At least in Texas that’s how it is. I don’t have anything in my decree either and I’ve always claimed my son.
When mine was figured out legally, as long as he was current on child support he could claim every other year
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Only tax professionals should give tax advice. Look at IRS Tie breaker rules. The parent who has physical custody the most number of nights is #1.
#2 is parent with Highest AGI
You can sign away your EIC credit claim for the dependent but that doesn’t always optimize the benefit because that portions is based on other factors.
Just make sure to file first and he will have to deal with the federal govt. If a dispute does occur between you two with the IRS, they will go by who has the child majority of the year, not what the court order says because that’s just a state order.
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If he lives with you for more than half of the year and you provide more than half of his support you should claim him. If you do not you will not be able to file as Head of Household which will lower you standard deduction. You will lose your Child Tax Credit and could lose your Earned Income Credit. Don’t do it.
My ex and I used to rotate, until he got injured and has no taxable income, so
Now I always claim her, but just give him some money but we get along. One think if he’s not primary custodian, he cannot claim head of household and that’s what gets you
The big return typically
For federal taxes even if he doesnt live with him he can claim him for a dependent and child tax credit but legally whomever the child lives with receives the Earned Income credit.
My sons father wanted for 2018 and I straight up said no because Ive had full custody of our so and his dad only saw him a hand full of times all year and wanted the extra money, he called me selfish but i see it differently
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When we went through something similar I was told by our lawyer the person who has the kid more than exactly half the year gets to claim them on taxes.
Who has him more than 6 months out of the year, who is his primary care giver , and if you can prove with a court who has custody.
He already gets a tax break for paying child support so it would be like he’s double dipping if he claims your son. It sounds like you take most of the responsibility for your son so it should be your decision. I’m not sure about legally though… If there isn’t any wording in the custody agreement about dependant claiming on taxes then you should have the power to decide.
If you have full physical custody it’s not even an option for him. Sorry dad, no you can’t!
By law whoever the child lives with is the one who decides who claims the child he can claim him behind your back but he will get in trouble for it! As long as you say something to the IRS child support or not that’s not the same as being with the kids physically full time he needs to prove they live with him and all kinds of other stuff
My custody agreement includes alternating years. I claim our son for even years and his dad claims in odd numbered years. I wouldn’t do it unless you have your agreement amended to allow it.
My son’s father wanted to claim our son on his taxes this year…he can’t. My son and I haven’t lived with him since October 2018 when my son was a little over 1.5 years old and he’s now almost 3.5…he also pays child support but I’m not getting it right now since he’s unemployed. If I remember reading correctly if the child doesn’t live with other parent for more than half the year and hasn’t provided for them but only pays child support then… no. I live in Texas.
In my state the custodial parent is the one who gets to claim the child on taxes. No one else. But In our situation, there is only visitation every other Saturday from 9-4, and their mom is supposed to pay child support but does not… I’m sure it depends on circumstances and what not.
Should and legality of it are 2 different things. Without a court order, whomever has him for more than half the year claims him.
Custodial parent has the right to claim the child on taxes every year. It was actually written in my divorce decree this way. I am in Texas.
I would get it in writing from the judge. In nc if no court order either could no matter who child lived w.
My son & his ex have a 2/2/5 split neither pays support and each meets the childs needs when they have her. They also each have 50/50 legal & physical custody & they take turns w taxes each yr. Thats written in order. She has not followed the papers & the child lives full time w my son. But she still files taxes on her yr.
He can only claim him if he has him more then half the year and if he financially supports him at least half
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Whoever has custody for at least 50% of the year gets to claim them
Typically if you have the child more than half the time (even if it’s just 1 day) they are yours to claim. If you share custody equally most courts favor the parent that makes the most money. However if you file your taxes b4 your ex, chances are that when they file trying to claim the kid they will be rejected.
I thought of you had PHYSICAL custody, you claim the child? But prob best to seek an attorney opinion.
Being the stepmom and in this situation every year I can honestly say you have the full right to claim your child! Some states say its first one to file gets the taxes.
He cant claim a child that hasnt lived with him for more than 6 months all together. My sons father tried filing for him and in order to be able to our son had to live with him for more than 6 months for that current tax year.
In Tn the custodial parent claims the children unless you have joint custoday 50/50 time split then it’s every other year. I would just tell him no because you depend on that money to buy your kid things they need
Get legal advice. Common sense says he can’t do that without court order if you have since day one. Then he has to prove more than 50 percent of support. Again get legal advice
My son was total by his lawyer that unless it was a signed court order from the judge that either one could claim the child. In other words who ever did it first.
We pay less child support because bm claims them on taxes. But if you ex is behind in child support itd help pay the back pay so it would take the money you already normally get to cover his responsibilities so I personally would say no.
I was in this exact same place with my ex, and if you provide 50% or more of the Childs “upkeep” then you claim him because he is your full time dependent. The only way you would alternate is if you had him 26 weeks and then ex had him for 26 weeks. That way you both provide 50/50. And to figure upkeep, it includes half of all home, school, doctors, medicine, toys, trips, etc. Anything you spend money on that your son accesses, and eats keep a list of and if it is over 520 dollars you legally have the right to claim him.
Not your worry. If he gets caught and you are claiming him legally he’s the one who will be penalized. Just walk away from the conversation is my advice.
Here is a really helpful link from the IRS web page. You can share tax credits with the father but from the sounds of it he isn’t exactly deserving of your hard earned credits anyways. The only thing a non custodial parent can ever really get is the child tax if you give him a signed 8332. But I do agree with the ladies giving out the social can open up a can of worms . From the sounds of it you don’t owe him anything to feel guilt over.
You can legally claim a child if they have lived with you for 6months or longer out of the year. Every Sunday and child support does not qualify.
If you have the child and pay for medical expenses, and pay more than 51%of expenses, i.e.: housing, food, electric, clothing, than you should claim… check with your CPA to be sure. But that is how it was explained to me (Texas)
In my situation, I made sure he couldnt claim our daughter. Because in the past, I helped pay his other child support off. And the first year after we separated, he was taking trips and everything but only helped me with $150. I refused joint custody, we agreed on child support, and I absolutely refused to let him claim her at all, knowing he switched jobs a lot and he wasnt using the money for her to pay off what he owed to me. It’s been 8 months since the support order went into effect and hes already close to $2k behind.
He should be able to claim the non custodial earned income credit. Check with the local child support office on details.
Depends on the state but here in idaho whoever pays child support gets to claim the kids.
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If any back child support is owed it goes to custodial parent.
This happened to my friend, and the father claimed the kid. My friend
claimed her son as well. The IRS sent letters to both parents and the father had to pay it back.
Just claim your child every year and file your taxes before he does.
No order saying otherwise, it’s fifty fifty legal, and he does pay child support and see his child so he can claim him every other year 💁
My ex was allowed to claim one of our 2 sons every year and I claimed the other as ordered by the judge, and he didn’t pay his child support most of the time nor did he show up or call to let us know he wasn’t coming. I remarried and my husband went after him with abandonment charges and took away all of his parental rights (as well as adopting the boys) including claiming one on taxes.
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Absolutely do not allow him to claim him. You are the one who has primary custody so you are the one who claims your son. No way no how. Do not give him permission. He will get himself in big trouble if he does.
In Oklahoma, the parent/guardian who the child lives with 51% of the time claims that child on taxes.
I have sole physical custody of my son and his dad has visiting rights-that he doesn’t follow through on (not because of Covid though) but because my son does not live with him, he is legally not allowed to claim my son on his taxes. That’s fraud. He is supposed to claim his support payments, but cannot claim a child on tax if child does not live with you.
Whoever has him the most out of the year should claim him. If it’s 50/50 custody then you switch off years and split the money.
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Court order doesn’t trump taxes. Whoever is custodial parent claims the child. Which means you two could split everything down the middle. But there are 365 nights in the year. Whoever has that extra night is the custodial parent. And if you both file to claim, he will be audited 100%
My kids dad will never ever EVER claim my kids on her taxes because I care for them all year. Also she’s not incredibly good with money. I’d rather just give her 1,000$ of it and call it good
Check with your state FOC.
It was a question I asked many moons ago, the custodial parent claims them.
He sees him 1 day a week he shouldn’t be able to claim tim on income tax when you have him 6 days a week you need the money more.
My husband had 50/50 custody and never got to claim his son. But his ex isn’t the most stand up person…soooo
I would honestly rotate every other year.
If child lives with you full time or 6 months and one day you get to claim him. THIS is usually spelled out in the divorce papers. But by what you said you can claim him because you have full custody.
In my state the judge told me, because it was brought up in court, that if I worked I got to claim the children, but if I don’t work then he gets to claim them.
He has him one day a week if that - how can he legally claim him? If it was 50/50 you could rotate years but that is not the case - and if he claims him this year- you will have to pay more tax? So really you are giving him money for nothing.
He’s out of luck. You have full custody. If hr files the IRS will come after him.
No, he shouldn’t. I would fight that. My kids dad is the same way. Hasn’t seen him in months, doesn’t even pay his child support most of the time, and then randomly he will pop up out of nowhere and make demands. Really sucks for my son, I wish the loser would just disappear at this point cuz that would be easier on both of us!
Unless it is in writing that you guys split yrs for taxes he can’t claim
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If you have full physical custody he isn’t allowed to claim your child. At least that’s what my case worker told me.