Uhh no, a parent is more than just the $ the government tells you to pay.
My ex tried TELLING me he was going to claim our daughter because he “had to”. So I did some research. Legally, the child would have to be with him more than 50% of the time OR you two would have to sign a legal document stating that it would be okay for him to claim her.
Every other year in most states
We used to alternate years.
dont let him get you worked up. he lives with you, you claim him.
He lives with you, hell no don’t let him claim him…
You claim him on your taxes
Based on what you said, HELL no!
Dont do it. You claim your son. He will want to do it every year if he starts.
I was always told that they have to live with you
You have the child take care of his needs. You claim him.
If he lives full time with you, you should claim him…$260. a month?? I’d b claiming him …
He won’t get very far lol
I rotate with my kids dads.
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Working together helps both of you!!
File your Taxes before he does and claim your son
And sounds like you need to take him back for a cs review
He can’t claim him unless he lives with him
Re-read your post. You’ve answered your own question.
No way. My ex tried this to
For 260 a month. Nope!
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Get advise from a lawyer
Whats ohio law anyone…
I wouldn’t that’s for you
You pay out more in supporting your child so he can not claim him.
No no no, he has to have court papers to do that
Most of the time the non-custodial parent gets to claim the child every other year. My husband did not have that in his order - so his ex would never allow it until he went back to file for joint custody and it was granted and he made sure it was stated they switched off every other year. While she is a non-custodial parent of another child (by a different man) and she would get to file that child on her tax return - she would not do the same with my husband because it wasn’t in writing 
. It will cost more in attorney fees to go to court to fight about it than to just allow it and keep the peace lol. Also, it will keep him from going after joint custody if you do allow that than to give him more reasons to go back to court and while he is there ask for that to.
Do not let him claim him.
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Unliking this page, so annoying to see these post.
He lives with you…you claim him.
Just say no. Done deal
Talk to your attorney before you do anything
Laughable. Punch him in the dick.
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Nooo my friend you claim your child you r the main supporter
He can’t file him on his tax’s because he doesn’t have legal full custody if it was a fifty fifty thing then if you or him filed taxes through turbo they’d want a copy of an agreement saying which parent can file which child and when but he can’t file your child if he does then he’s in big crap
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Federal law actually states the child must live with you for 12 months of the year. So I assume since you have a support order you are the custodial parent. You have the primary address, school, doctor’s ect. So if it’s not in divorce papers custody papers or support papers only you can claim him.
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If I remember correctly when you file taxes they ask who has the child spent spent their time. He can lie and get in trouble but he legally cant file his son. If you have full custody you are entitled to claiming. Unless it’s in a court order that he claims him every other year then he cant claim
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My ex has claimed my son on his taxes for year’s because due to my health reasons I can’t work and collect SSDI. Before any starts no my son lived with me full time, my ex paid support of 300. Monthly. I’ve never signed papers for him to claim my son nor has anyone ever questioned him or I about it…
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It’s usually part of the divorce decree and agreement - based on the laws in your state. It’s not something you get to pick and choose at will. I would Google that for your state, and if you are still unsure, as your attorney. If you are afraid of running up an attorney bill, call legal aid in your town and ask them.
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In my state if one parent takes the other to court and they are paying child support then they absolutely can claim the child/ children every other year. I have several friends who do this. They pay child support, get visitation and split legal custody but physical custody remains with the mothers. I do agree as a mother with sons that it is only fair, the fathers I know help with all extra expenses with their children even though they pay child support.
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If he doesn’t support him 50% of the time he doesn’t deserve anything that means spending 50% of time with him and financially! He wouldn’t get anything anyways the child has to be in his home for more then 50% of the time in order for him to receive the earned child credit.
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If you have always claimed your child just keep claiming. Try and file first or you’ll be stuck filing snail mail and the IRS took it from there in my case. I’m assuming so this is in no way legal advice, I believe they saw I had been claiming the last several years or always had and I have no idea what happened on the other end but I got my tax return same as the year before.
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Check with your lawyer. Each states family law varies on this and it should have been addressed in the initial agreement.
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Depends where you are. I have full custody and placement but he can claim them in taxes if he is current with no arrears on child support. But I do believe he has to take it back to court and have it in the paperwork that he can claim every other year
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You have physical custody not him So No they ask when you file does the child live with you more than 50 % percent of the time plus if he did this time he may do it again. Ask an attorney or legal aid but I wouldn’t you may never see what he does with it . And he will be able to keep the return.
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I am in accounting if you have primary physical custody he would need your permission to file him. If you both file him the IRS will do an investigation and find in favor of you. Either way you can do what you feel is best. It is your decision.
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I claim my children on our taxes. I have 100% physical custody and we share legal custody- so that when he has them he can take them to the drs and what not should they get sick. He cannot claim them on his taxes unless I sign a paper giving him permission. He pays child support and everything. But legally he cannot claim them as they reside with me all year long except the month he gets them over the summer.
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Full physical. You provide over 50% of cost and care and time. You get to claim him. He can take you to court, but $260 a month is peanuts.
However, check your child support papers. I’m betting theres something in there. If not, call them. I was granted support and claimage every year during the child support hearings.
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If he lives with you, you claim him. The child is claimed by the parent who has the child more than 50% of the time. And If custody is split- typically the judge will have an agreement made where the parents alternate who claims the child every other year. Since he lives with you 6 days a week, that is 313 days a year he is with you and 52 days a year he is with his other parent. Don’t loose an ounce of sleep-he will regret it if he illegally claims the child next year. All it may do is hold up your return for a few weeks- a couple months, but typically it’s very clear in situations like this. The kid lives with you-- you claim.
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You dont have to let him claim. I would think that you, as the custodial parent would be expected to. His child support status doesn’t affect the tax refund. As a matter of fact I think that if he is in arrears the government would take any tax return for child support. I live in washington state and my husband never paid a cent of child support. He resided on an indian reservation as he was a full blooded indian and the feds couldnt force him to pay unless he moved off the res.
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If he has a child support order he may be able to claim him as a dependant however he is not entitled to claim the EIC or CTC. Check with the IRS they will explain it.
He can only file on the child support if he had full custody and the child lives with him over 50% then and only then could he claim the full write off. But my question is this if he only pays 250.00 a month in child support he must have a very low paying job so he already gets more in tax return than you most likely. If he actually needs that extra deduction to lower his tax liability then I’d be taking him to court for higher child support.
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You can sign a form allowing him to claim him. He has to put 0 months lived with. He can get the child tax credit and if you’re eligible you can still get EIC on you return. If he’s a decent guy let him claim him every other year. He does help support him and deserves a break too
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I believe if u have sole physical custody and the child lives with you , 50% or more during the year, and there is no legal document in the child support or other court order indicating he can claim him, then NO. (Unless you grant him permission)
You have physical custody therefore you claim him. When preparing your taxes the question comes up about how long the dependent has lived with you. You claim 12 months. He’s yours and not his.
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Claiming on taxes is a federal law. The person with physical custody of more than 50% claims…end of story. If he files and claims, you do the same and then IRS will contact you both to determine who has physical custody. He will then have to pay interest and penalties.
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Tax law over rides divorce paperwork, the primary he resides with claims him…in our state it is irrelevant what the parental paperwork or divorce decree reads state and federal tax law is final
I would still claim my child and do it before he does. Even if he does they will flag it as the social already being claimed and not allow him to complete filing until he fixes it. Not a legal advisor of any sorts, and correct me if im wrong. I use turbo tax usually.
Not sure which State you reside in, nor if it matters. This was years ago for me but I had full custody. In the beginning I would switch years with him then my Attorney told me I didn’t have to because I had full custody so I just told him, no longer was I switching. I think it would be different if you had shared custody. But full custody you can claim.
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Too many people don’t know how to read the question!! Too many people think they are lawyers and know EVERYTHING about child custody and the different types of a parent’s rights. If you’re trying to help READ THE QUESTION!!!
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Federal law is whoever has primary custody gets to claim them
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He has to live with him at least 6 months out of the year to claim unless you have court papers saying otherwise
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I’m not sure what state you are in but in PA in order for a parent to claim a child on taxes he/she must have the child at least 6 months of the year. Also child support does not have any thing to do with if someone can claim a child on taxes.
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My daughter has split custody and since he pays child support and my daughter doesn’t work he get to claim the child in their custody agreement but if there isn’t a legal claim she should be able to claim her child
How I do it is since I have the kids over 1/2 the time and provide for them The most (include taking off if they are sick and doctors appointments) I get to claim them.
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He lives with u u have the rights for filing taxes if he claims him without your consent he will have to pay it back
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We agreed on every other year for taxes, BUT I have her all the time, he literally averages 5 hrs a week in visitation. Smh I need to find out how to change it.
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Courts will side with the parent whom has full physical custody.
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In South Carolina the law is the child must live in your home for 6 months plus to claim on taxes if you have some custody he has no right
I would definitely talk to the irs ss administration about security measure of some kind on your child’s info. FYI if he claimed the child n there was a stimulus or something he gets that…food for thought
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You claim him unless somehow there is a court order and he has over 50%. Also if he doesn’t have his social security number he also can’t and I would just make sure not to give.
He legally cannot claim him on his taxes. He would have to have 50% or more custody to claim.
All parenting plans include who claims them on taxes so read them carefully.
File taxes before he does if you have full custody and there will be no issue…I had to do this for years.
No you do not, he would have to go to court and ask the judge for it if you have more then 50% custody. (Ca)
Unless a court order states the other parent is allowed to claim the child every other year regardless of custody or visitation than he cannot claim the child, he would also need a letter signed by you for him to claim…
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No, he is not allowed. Go to the friend of the court if he pushes. If he files before you do, you can dispute it and he could get charged with fraud. 
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If you’re providing food and shelter for more than half of the year, you’re the one who should claim your child… and if there’s no court order stating it, yeah. Claim your child! You support your son, and I’m sure the expenses you put out a month supporting that child doubles what you get in support.
Get legal advice before making a decision so you are fully aware of the situation
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call your lawyer and see what was decided in the custody agreement. i’m a single mom but i know when i claim my son (no one else can), it asks how many months he resided with me during the year. if your child’s father sees them once a week, is it even possible for them to claim them?
My court papers state (we’re 51/49) he has to caught up on child support first and follow the court ordered rules. Then he can claim one child. He’s not and doesn’t.
Tell him no and be done with it. If he decided a todo it then send in your supporting documents showing your child resides with you. He will then be audited and you will receive what is legally yours. He has no right to claim your child on taxes if he is not living with him.
If he lives with u and only gets vistation then he cant legally do that unless otherwise says in court papers…u can call the IRS and tell them.
If you have physical and he lives with you over 50% and it’s not in the court paperwork that you alternate years on paperwork he cannot claim him. If he does then he can get in trouble.
If he is listed in the state as a non custodial parent it would be a terrible idea.
I have full custody of my now son (daughter is almost 19) & we have to switch every other year I have even years he has odd.
He can’t legally claim your son. There’s a question when you claim a child how many months the child lived with you throughout the year. The parent that has majority custody claims the child unless it’s 50/50 then you would do every other year.
My state law is that, every other year, the other parent can claim the child every other year, as long as they’re current on child support.
I’m surprised they didn’t make that required in the parenting plan. We had to say. The kids are with me almost full time so i claim them. It’s in the paperwork. If you want to be nice you could agree to every other year. But if you have him majority of the time you should claim him
File your taxes early! Cause he’ll try to do it before you and both of y’all will end up in a mess of waiting and proving. Ain’t nobody got time for that.
My opinion is if he pays child support regularly, and still visits his child, then why not alternate years with his dad? Legally you dont have let him claim your child but I would as long as he is current on child support.
All you need to do is keep filing your taxes, the way you have for the last six years. The IRS will deal with him if he tries to add you son on his taxes.
Wow, I’m so sad for the children of the world that so many mother’s are letting emotions get in the way. When there is joint custody both parents should be alternating unless there is some specific reason not to which should be addressed in court.
Mine tried once and it was all taken from him right away plus a fee and added into my child support account.
I have sole physical custody of 3 kids and joint legal. He cannot because the child lives with you. Its that plain and simple. Let him try lol.
Sorry to say but he has the right to claim him just like you do but if he pays child support and he is behind then if he claims on taxes you will get it anyway but just let him do it it’s his son also
I would say no to this. My husband has his 3 children all the time. We have had them for weeks with him still paying his child support and his ex wouldn’t let him claim not even one. So I say no
It is supposed to be who the child lives with over 50% of the time.
Unless he has the child’s social security number also, it is going to be hard for him to file.
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Better to speak with a lawyer and find out what your state says specifically.