If you have full physical custody , he cannot claim your child unless stated.
I’m fighting nys over this exact same bs and they are refusing to give me the rest of my refund. I’m still waiting on federal. I filed in February.
Thsts a NO the child must live with him more than 6 months of the year
Lawyer up, but I would say he cant claim him because he doesn’t see him 6 months out of the year
Legally he can’t. Because he’s with you the majority of the time.
By law if he pays child support hes entitled to claim him. Most places make it every other year
Usually who physical custody gets claims on there taxes
he lives with u all year he cant claim him plus it defeats the purpose of child support u dnt have to allow.him
Letting him file when he doesn’t have him at least 50% of the time would be illegal.
If you have custody you claim him. He would have to prove your child lived with him at least 6 months out of the year.
If the child lives with you six months or more than you file him on your taxes. School records, health insurance and all that plays a part of y’all are ever audited
Your child needs to be living with his father for 6mons straight before he can claim him.
Tell him no… You have him more than 50% so the taxes go to you
He can’t file and claim your son, probably for the legal reasons you have stated. If you wish you can warn him that you WILL be claiming your son and as soon as he does too, it will generate an audit. You will obviously produce the proofs needed to state that YOU are the legal one to claim him…Your ex could get charged with tax fraud along with a variety of other charges and penalties. My ex tried this TWICE, needless to say he is still paying off his fines and penalties 6 years later. Good luck to you…Worse comes to worse you can always call the state and federal folks and give them a heads up…
in order to claim a child they have to live with you more than 6 months out of the year and you have to pay the majority of the support for the child in order to claim them on your tax return.
Where I live the person who has the child a majority of the time is the one who claims them
Just report him to the IRS if he tries to claim him before you can. I’ve had to do it with my child’s father.
Heck no. You have him at least 51% of the time, then you get to claim him on taxes.
Whoever he spends more NIGHTS with gets to claim him. It’s determined by where the child lays his head to sleep so it doesn’t matter if he saw him all day everyday if he slept at your home, you claim per my lawyer.
Why hasn’t he so far? Most people alternate years
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Usually every other year . However if he owes back child support you will get it anyway.
If hes caught up on child support he can it’s usually ever other year…
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Legally he cannot do that. Don’t even fight it. You warned him so just file yours per usual and then report him. That’s fraud. 
Ypu provide for more than 50 percent so no he can not claim him. He has him one shift a week lol what
My kids father does AS LONG he is caught up on child support
My ex wanted to claim our son on this taxes my ex can’t do it was not allowed anymore
We have split custody 50/50 of my bonus son, my husband and I claim him every other year.
If ur son is living with u he can’t claim him on his taxes only u can
Parent who legally takes cate of child all year claims child
You provide 50% of income and he lives with you. Dont let anyone else claim him. The dad can try but the irs will get him.
He can’t. Plain and simple. Make sure to file asap.
Call and have a pin number put on your sons ss number as long as he doesnt get that pin he cant filen your son
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Legally, he has to have the child more than 6 months of the year to claim the child (if not on parenting plan). He is committing tax fraud if he claims other wise. Fraud you can report to the IRS if he follows through.
You keep your taxes. You care for the child 100% of the time. Tell him no!!
You have him more than 50% of the time, so you should claim him.
You have physical custody I say nope do not let him bc your child is with you majority of the time.
Who is the primary Or make final decisions
Legally hes not allowed bc child doesnt live with him
If it wasn’t established in court, you don’t have to let him claim.
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He lives with you all year, you claim him
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Contact your lawyer and have the paperwork drawn up.
Hahaha absolutely not. The child has to LIVE there atleast 6 months of the year
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If he pays child support you get to claim him.
If he lives with you …you claim unless other wise stated in court papers .
If hes behind on child support he CAN NOT claim him
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If he files he can go to jail
If the child lives with you 50% or more of the time and you provide at least 50% of his support - which includes rent, utilities, food, clothing, etc. If his child support adds up to more than all of those costs, then he has every right to claim your son. Otherwise, he better prepare for a rejected return and/or they will require him to pay it all back with penalties if he gets the return before you are able to file. File now, but if he does it first you can contest it and get the refund yourself. It will just take a bit longer.
Report it when taxes roll around then he can’t do taxes anymore tax fraud and all 🤷🤷🤷🤷🤷
Legally he can’t claim him and if he tried turn him in
By law he can’t since you have full physical
We do every other year, no matter who has her more.
He’d have to have him at least 50% unless I have some sort of agreement in a divorce or custody agreement. But yeah good luck for him trying to get that. Dont give it to him.
My parents switched off every year.
He’ll be breaking the law if he does try to claim him
Share years if hes a good dad and pays his child support his kid too
No ma’am … he stays with you . The end.
Your son lives with you, if you claim him, he cant
You have physical you get it. He cant.
Share we split on taxes because ai refuse to be selfish
You claim, not him…
No way!!! So sorry!
From what I’m reading, the mother has primary residency and they have joint custody, because she wrote “split legal.” It should have been addressed but if not, he could be granted every other year if he goes to court. If he is only paying $260 a month, maybe she needs to revisit that in court for a modification.
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If you have full physical custody you have to sign a paper for him to legally claim. My ex and I fought over this and this last year I claimed both kids because he didn’t help with summer care last year. The year prior I had to sign a paper for him to claim one of the kids. You take of childs needs 51% of the year then you have every right to claim him. Document everything! And try to claim before he does, his will get flagged then if he tries to claim your son.
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My stepdaughter lives with us 75% of the time. My husband pays child support every month. Her mother has claimed her for the last 8 years or so. We are supposed to be on an every other year deal but she files before we do every year. Such a twat. Yet she greedily takes that child “support” (she should be the one paying but my husband doesn’t want to make problems- and i get that) but she doesn’t try to be with her daughter more often. Convenient little tax deduction for her I suppose.
If two taxfilers claim the same dependent, the IRS will investigate both. Both will get letters, you may need to send in docs to show your legal proof to claim the dependent. You should qualify based on what you’ve posted. Your refund may be delayed, but you would get it. If he claims first and gets a refund based on illegally claiming that dependent, his account will be adjusted and a bill sent, which will include penalties and interest, which accrue daily on any balance amount due, until paid. He may think he got away with it but he’ll end up with a big IRS debt to pay back.
Check out website for qualifiers to claim the dependent. You may need to paper file, if he filed first you may not be able to efile, attach your supporting docs with a statement regarding the dependent situation to your paper return. Reread your court paperwork. Its almost always addressed by the courts with a divorce involving child support and custody. You don’t need to hire a lawyer unless you want to address the lack of legal tax claims, but that’s not necessary to claim the dependent on your taxes.
Website: www.irs.gov
Ps, I work for the IRS
From IRS.gov
“Residency
The child must have the same main home as you (or your spouse if filing a joint return) in the United States4 for more than half of the tax year”
There’s no other debate! The child has to LIVE with the person for more than half the year!!
He’s clearly just wanting back more tax money, fuck that.
If nothing is noted in your papers then you legally have the right to claim your child. My daughters father asks every few years and i laugh and told him i needed that. Hes not claiming shit when he doesnt see my daughter and pays child support sporadically. Hes also almost 10k in child support and wants to use MY tax money to pay it off.
Its different in every state wa state is that it does not matter who they live with as long as the parent is caught up on child support it’s a mandated every other year… I get shit for two kids
TAKE the $260 a month he gives you and flick it at his fucking dumbass face.
He can’t do it, so don’t even worry about it. He’s a little prick for even stating, as if he actually provides, as if his money was more than enough for his child, men are so fucking stupid and clueless and I hope he gets stuck in a nursing home at the end of his life and gets abused with a big fat dick in his butthole.
While ur child takes care of you like you did for him.
Tell him no but nice try
First of all you need to tell him hell no and then if he does proceed to claim your son you can fight it. You file as you usually do (try to do it as soon as possible) the IRS will reject his as you are the custodial parent. He will then have to prove that he provides 50% of his care including having him 50% of the time. Having him only on Sundays and then not even meeting those commitments will not suffice!! This is from personal experience by the way. Best wishes with everything.
No, he is getting off cheap with child support already! You have sole custody of him and you need the money for your son. Why does the dad need it? Not to mention he canceled his one day visit with him, hell to the no he should not be able to claim him on taxes!
She is correct about that.
Nothing is in the court paperwork. You use that money to take care of him. This is simple…No! Not up for discussion. But if you don’t mind him claiming your son, I would just alternate yearly. (Even/Odd)
Fuck that Piece of shit! Don’t let him. Stand your ground.
Hell no. It’s illegal for him to claim that child if he physically and legally lives with you. File your taxes like normal and if he files claiming him then the IRS will investigate. Problem solved.
Tell him if he does he will end up having to pay all of it back to the IRS. If he does claim him first then you will have to paper file and it will take you longer to get it but you will get all of your money in the end.
If he owes u child support n wants to claim ur son all that money will come to u
You claim your child
No, that’s extra money for you and your baby. Not for him.
Nope nope and nope!!!
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It just so he can get the money back he spends on paying child support only reason he wants to claim the child i pay child support for my oldest but if i wanted my money back i would ask to claim my oldest on taxes
Go to IRS for sure if he does, see if you can get legal council to help draft a letter!
The child is yours to claim! If your ex does, the IRS will be looking for him. Trust me.
He can’t claim ur child without ur written permission. My daughters dad pays child support and we agreed we would take turns claiming her. Well when he went to do his taxes they wouldn’t let him unless I came in and signed a paper saying he was allowed. If they see on his w2s that he pays support they will no he is not the primary parent. So every other year I have to go in and sign a release saying he can claim her. And if he does it online and try’s to claim her I can go after him for the money and they will audit him.
He cannot carrying him on his taxes. Call the irs.
No, to claim a child, you need to support them AND them live in your home AT LEAST 6 months out the year. He can’t.
If he lives with you then he can’t. If he does have him audited. Unless it’s in a court order.
Lol you guys fighting over tax returns on children. The rest of the world does not work this way. You cant claim your kids back
You do you. If he files he’s the one that has to deal with the legal consequences.
I do taxes for a living. You have full physical custody and the child has not lived with him more than half time then you are head of household. In the absence of a custody agreement allowing him to declare the child as a dependent on your taxes, you would have to sign a form 8332.
If you do not sign it he cannot take the exemption.
If he files anyway and takes the exemption before you file, you may get your return rejected. If that happens, mail in your return with a letter stating you did not give the exemption to the other parent. The IRS will demand the money back from him and make him re file his return and attach penalties and interest. Good luck to you. He will create a whole lot of drama with the IRS and bring a lot of trouble onto himself.
I had a similar situation. Simply did my taxes and called the IRS and told them the situation. I got my tax return so did he. Fast forward few months I was informed they charged him the money back bcz he has no proof of the kids residing with him.
Even if your son’s father tried to claim him, the IRS would look at who pays more than half of the expenses and would give you the refund.
No if you have him full time and supply all financial needs besides the child support. You keep him on your taxes
I would start keeping any receipts so in future it might help you food rent clothing shoes school sports toys doctors dentist everything
Tax law is on your side. Dependent must live with you at least 6 months a year.
We rotate years with my husband’s son. This should be the way it is. It’s his son too and he’s paying child support.
Only paying 260 a month is only 3,160 a year it takes much more than that to raise a child but maybe you could give him a few hundred or 10%
If he claims (which would be fraudulent if this is not court ordered), you should also claim anyways as if you do not know he is doing this. You will both get the credit, and you will get a letter that says “someone else claimed or used his social, if you feel this is not correct, contact us” and at that point, you contact the irs, as you have claimed him every year and support more than 50 percent and have proof. The irs will not identify who the other person is who claimed, and you don’t have to bring him up either.
They will audit the other person and they will owe back taxes and get a bill. Very simple.