Legally he would have to have him at least half the year to claim him
He has to take you back to court for the judge to sign in a court order that he has the right to file every other year. If you have residential custody and he does not contribute to 1/2 of the child’s income, he very well may not get that court order. Even if he does get to claim as a dependent on his taxes, he will not get the earned income credit because he cannot legally say the child lives with him for 6 months of the year and that is a requirement for EIC. This is to my understanding but I would check with your lawyer.
I know for a fact that IRS doesn’t care what on the divorce deed in regards claiming a child on either tax return. In the end the IRS will allow the parent to claim the child with whom the child resides the most days in the year. For example, if your child stayed the night with you for 200 days and your he stayed with your ex for 150 days. You have the right to claim your child. So if your ex ends up filing his tax return first, it’s ok. All you have to do is file your tax return and still claim your son but you have to send it via mail. Not electronically because it will get rejected. Also, you will get an IRS letter saying that your son was claimed by someone else. At that point they will provide you with options as to how you can prove that your son was with you most of the year. So even if your ex claimed your son… it will later be disallowed and your ex will have to pay back the money he got (if any when he claimed your son). Pm if you have any other questions. I’ve prepare tax returns and I am knowledgeable in this area. Not an expert but I know where to get my info.
No he should not claim him, you take care of him most of the time and im sure you pay out way more then 260 a month on his living expenses
Usually the one that has sole physical custody is the one that claims the child /children on taxes it should say that in the custody papers
Child has to legally live with them at least a full 6 months out of the year to claim him
My husband has 50/50 custody of my step daughter. The law here in PA is who ever makes more money claims her for taxes. I would check with your state for guidelines.
If the child does not live with him for at least 6months of the year he can not claim them the child has to physically reside in the home with him it does not matter what he pays for
Don’t let him …you are his mom and there for him at all times and he’s only there when it’s convenient…
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Usually if the father is paying child support then yes he is able to claim the child every other year even if the child isn’t living with him.
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My ex claimed every other year its only fair at least he paying you child support. .
Get advice from a attorney. You need legal advice. Look into it as soon as you can and get ahead of it.
By law you have rights since your child spends more time with you.
We were given orders that I claim him during the even years and my ex claim taxes during that odd years. Thankfully he didn’t bother to claim him because when he was born? He and his mom claimed my son without my consent and the judge withdrew that. I was livid AsF!!!
With my oldest? It’s been 8 years that his “sperm donor” hasn’t been around his life nor met him. If he ever messages me to claim him for taxes or take him for the weekend or a day? I’d laugh.
My oldest sons father needs to be supervised by police to be with his son. That’s because he has tried killing him and me a few times.
If he tries on the money he is paying for support. Its up to him. I wouldn’t worry about it. If you’re not sharing a home with the man.
My fiancé gets to claim his daughter every other year. That’s how it was set up in the court order. But the thing is the mother lives off child support so technically he pays all of the expenses including her cigarettes and rent 
we claim her very year cause she doesn’t work.
In Canada you can’t claim the child care benefit if you pay child care support.
Since he pays you child support and you have claimed him for 6 years why not allow his dad to claim him. Should be every other year in my opinion.
Should do every other year to make it fair
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You have physical custody and you take care of him more then he pays. No!
IRS will tell you with out court paper work giving you the right to have your child on your taxes it’s a whoever filed first with them. But it does say a child must live with you for six months or more to claim!
I think he legally has the right to split it with you. I think you vacantly each claim him half-time.
He lives with you you have physical custody you claim him IRS website will tell you who ever has physical custody unless otherwise in the divorce or custody papers gets to claim them
Have whoever does your taxes put a PIN # associated with your child’s SS#. Without that PIN # the noncustodial parent can’t claim the child on their taxes
Depends on what state your in My exs has never been able to claim my kids on taxes. Only if its stated in court papers if it doesnt say he can claim him then dont allow it. In order to claim him he has to prove he had him more then 6 months of the year
I’m only in this group because he told me on mother’s day I was the best mom he could ask for
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Which ever parent the child lives with is the one who have a right to file. And although it’s a blessing that he pays child support, $260.00 is not almost enough ijs.
It who he lives with 6 months out of the year you should be one claim him bad say but beat him to filling
I would definitely call the IRS on him and let them flag his taxes so when he tries it, they can act on it quickly.
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Are you in Canada by chance ? Possibly there’s a similar form in the states anyways I allowed my baby’s father to claim her on taxes and it’s only for one time so every year you need to sign this … and it doesn’t prevent from gst or child benefits like I said if your in Canada … hopefully this helps … he also gave me money from it it was basically to help us both out
If he does not have your child’s ss then he can not claim the child. But you will have to give it to him if court says he can claim him
$260 a month seems really low. If you have your child 90 percent of the time he is not eligible especially if hes behind on child support (which I dont know) document everything from clothing food,school supplies and ect if hes not helping with anything of it he has no right to file taxes on your child
Just file and claim your son, you will probably both be audited and because you have physical custody you just submit your custody papers when you are audited. That’s what I did and lol he owes me $20,000 plus in back pay child support so now and that’s 10 years later and he hasn’t filed since and I didn’t get my money taken back so I’m not a lawyer or nothing but I felt like he lived with me and visited so he was my dependent and so did apparently the Irs
Talk to an accountant about the pros and cons of this. Then get any arrangements in writing with yr X
Absolutley not. He’s with you most of the time and you pay for most stuff.
Before court can proceed, get some legal advice and then set up a date for mediation. Mediation has to come first before any parent can apply for court.
I can’t see how your ex can claim his son on tax if he only has him 1 day a week. Different story if it was shared care or a bigger percentage, but he doesn’t even have him overnight?
Legally he cant. The child has to live with you for 6 months to a year(depending on state)in order to claim on taxes. He would b committing fraud of he did so.
If he pays child support and has him regularly then yes by law he gets to claim him every other year
Let him go ahead and claim. If you have full physical custody, then you have the right to claim him on your taxes. The IRS will go after him. The fine will be a good revenge.
not if the child lives with you more than 51% of the year
Unless there’s a court order stating otherwise- tell him too bad so sad.
In NJ the parents have to do every other yr if with custody
My ex and I switch off years. It will also matter what state you are in.
My husband was told he could not file taxes on the kids the mom is only allowed to file for one kid. It makes no sense. Every tax person we go to says he can not file for one so every year he owes more on his taxes due to this 
so we owe more money on taxes with 50/50 custody ( meaning they are with us for half the week) and giving her child support for both as well
He doesn’t have any legal rights whatsoever to claim that child and if you let him claiming one time that can probably mess you upand he only paying $260 a month while I wish I saw I had to pay at the time I was paying 1100 for 1 I wouldn’t let him do it
You can let claim as dependent but you still get earned income credit claiming him as a non dependent. You also have to give him permission to claim
The kid has to live with you most of the year to claim him and he does so you win
Who ever has the child the majority of the year gets to claim them.
We have this issue too. My bonus daughter does live with her mom, BUT we pay for EVERYTHING and in the rare occasion we go half. Her mom will not let my fiance claim her at all. She even lived with us ALL LAST YEAR and half the year before. She has 2 other kids. While your situation is where he doesn’t seem to be actively involved, I’d say no.
Wen me and my ex got separated then devoted I claimed all 3 kids all years bec they lived with me. He also paid child support
If u have full physical & dad has visitation u claim him. It’s for the person that supports the child on a daily basis
Nope! Not if they he lives with you 51% of the time.
Well honestly no, lol you are his primary and have claimed him I’m assuming all the time as it is. Sounds mean but simply no, it’ll be more of a hassle to go back n forth on taxes
In Ohio, you have to have the child at least 6 months of the year in order to claim them.
Usually court will say every other yr
should have been decided in court. but he does have rights to every year if the mother does not work
If he pays child support regularly the rule is ever other year
Nah not a spilt house hold far from it!! 9-5 he doesn’t even sleep there ffs!!!
Unless he lives with him 51% of the time and/or he pays 51% of the cost to support him, he cannot legally claim him as a dependent on his tax return. Period.
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You have to have child in your home as a dependent for 9 months of the year in order to claim them as your dependent.
The legally have him claim the child, he would have to have the child living with him for a period of 6 months or greater throughout the year.
The person he lives with gets to file,your ex dose not
if you pay more than half support, then he’'s not allowed unless you want him to…file first
In PA custodial parent claims the child.
I got less child support than you and I have sole custody of my two kids and I claimed my kids
If you have court papers for a parenting plan, it’s in there. I just got a divorce and did the custody and parenting plan. Everything has to be laid out so it’s godda be in there somewhere.
No. I wouldn’t let him. You have the child most of the time and the amount that man is paying is joke.
He legally cannot claim his son on his taxes. Period.
I thought it was supposed to be every other year
Parent of primary residence claims unless otherwise stated in a divorce decree
If its 50/50 custody, let him claim every other year
He can not unless he have the child for 3 or more months straight…
He lives with u 90 percent of the time then he shouldn’t be allowed to claim him
If he’s not helping and you’re doing 100% of the raising and taking care of him then no
Since you have him 95% of the time, only you should claim the child.
Yeah no… if it was 50/50 I’d switch off but if he only sees him once a week that’s a load of crap.
No, you both will get in trouble if he uses him.
It asks has the child lived with you for 6 months or more he can’t claim child for a 9-5 lol
Nope it take more for a child than 260.
The judge told me whoever has custody is the one that claims the child on taxes.
Legal reasons? What legal reasons?
If you are providing for him a majority of the time you ahould be claiming him
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My ex husband and I switch years. He does even, I’m odd. That being said, it’s in my divorce/custody papers. Ur ex cannot just decide hes going to do it. Hell have to take u back to court to revise ur agreement.
Trust me Do not let him claim your child
It will mess you up. You will get crap back when he uses him as a dependent. don’t do it I tried to do that being nice and guess what my ex owes me $53,000 because he ended up losing his job and then decided he was going to get on disability while he keeps getting denied and I suffered the last 6 years my daughter was in high school I got nothing and I had to let him claim her every other year they got sites did that with him trust me do not do it. He may be paying now but you don’t know what tomorrow holds that’s your child we spend all that time of that title you do everything for that child you claim that child as your dependent
Contact a lawyer ! In my divorce we agreed to split claiming kids BUT the way it was explained to me ( in Ohio ) was whoever provided more financially was the person who legally had the right to claim on taxes 
… you REALLY need to contact a lawyer in your state !
I claimed my daughter this year if he can actually get a job then he can claim her next year. Thats how it should be if theyre in their lives.
Nope if it isn’t written into your custody agreement and you have him full time you claim 
He can’t. You LEGALLY have that ability he LEGALLY does not
Read the IRS rules for claiming a dependent. Only one if you meets the requirements.
He lives with you, you get to claim him on taxes. Plain and simple.
He pays support it should be every other yr he can claim
He should be able to claim the child support on taxes
Hell no. Don’t give him his child support back. That’s like 3120 for the year he paid He would get at least 2k back claiming the child
If he is behind in child support he can’t claim him.
You claim him he doesn’t even pay half of his supporters
HELL NOOOOOO!!! He don’t deserve it. Tell him he should be a stand up comedian with that shit!!! 
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If baby lives with you, then you claim him… he has to be living with you in order to file
Hell naw!!! What gives him the right to tell you he gone claim him?!! Don’t agree to it and if he does report him to the IRS and he will be audited!!
No way would I let him claim him for only 260.00 a month. You deserve to claim him then
Common sense really is a super power nowadays
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