Should I let my sons dad claim him on taxes?

Taxes- my son is 5 and I have been claiming him. His dad wants to claim him this year. His dad gets him weekends (not every weekend) and maybe 6 hours through the week… other than that he is with me. I pay for anything that he needs here and food insurance. Should I let him claim him this year? Or should I claim him again since I have him most? I just don’t want to have any problems or possibly get into trouble for doing so.


Does he pay child support? If he. Does courts usually have u switch…but tru if u r custodial parent and have him a majority of the time u claim him…

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Whoever is the primary caregiver should be claiming him.


I didn’t see you say anything about whether or not he pays any child support? If he does, the court should have stipulated.

Although you do and have him more, it seems like you’re considering it so it’s ultimately your choice. By law either or can claim him if no custody agreement I believe. But I’ve heard it’s not good to rotate claiming a child, I would just claim him and give him a cut if you feel it’s deserving

Well, what did yall agree on at first? You won’t get in trouble either way. If you’re worried, you claim him and give the dad the money or just split the money… shouldn’t really matter lol

It depends. If you think it’s a good idea then sure. Seems you have a pretty good relationship to even consider it. What would deter you from letting him?

If you can prove you have him most claim him , also if it’s not court ordered you are not required to let him , he also has to live full time in the home for over 6 months to claim him which he does not if it is only weekends an not every weekend …… if you file him an he fights it they will side on your end due to him not having him for majority of the year and you carrying insurance etc.

Only if your wanting him to claim him could he actually get away with it without a court order


Do you have a parenting plan and child support order w the court? If so it should specify who claims your kiddo and how often. Otherwise, you claim him as he is YOUR dependent and on your insurance plus you have him over half the time.


You can call the IRS and they will go through a questionnaire with you and tell you who can carry the child on their taxes. You definitely want to seek their advice if you are unsure. You will get tons of different answers on here, and many of them will be incorrect. Following the wrong advice could have serious repercussions.


Who has custody? Is there child support involved? It’s usually whoever was the primary provider for more than half the year. Both housing and financial wise. Sounds like you claim him. That’s just what the IRS says.

In NC, whoever the child lives with gets to claim him unless there’s a court order of some kind.

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Check court child support order if there is one. You do pay the insurance which to me is significant. You may want to make an arrangement with dad so there’s no future stress or confusion.

You won’t get in trouble for claiming him. You have him more.

You always claim him. Do not let him


I’d claim and give that some that’s what I do

IMO it’s whoever is the primary parent or who has the child the majority of the time

You won’t get in trouble for letting him claim him unless you try to claim him too. Just make it clear who is claiming him when. Ours is court ordered of who claims which of the kids. On the tax form it always asks if the child lives with you more than 6 mos out of the year and if you provide more than half the support for the child and if there’s an order of who claims the child. If he can answer those questions accurately there shouldn’t be a problem.

My exhusband claimed the oldest child and I claimed the youngest. Our agreement. I know of others who claim every other year. It’s whatever the court mandates or the two of you decide on your own if not court ordered.

I always claimed my girls,I never let my ex… do what’s best for you

I would say that if he has the child on the weekends, and the child is 5 now, just let the dad claim him for once. Just make it known that the following g year, you will resume claiming the child on taxes. A little kindness goes a long way.

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My husband paid chd support on his daughter and her mom let him claim her every other year. He also had her as much as the mom would let him.

If anything he’ll be in trouble for claiming him because you have him over 50%

The primary caregiver claims him. Since dad is not custodial parent, he has to get a certain form signed by you giving dad permission to claim. He can get in a butt load of trouble otherwise.

I believe it’s whoever cared for the child more than 50% of the time that is to claim the child.

I know plenty of parents that rotate each year. If it stipulated if your court order?

I don’t think you can get in trouble for allowing his father to claim him if you’d like to do so. I think you’d only get in trouble if you didn’t allow him to claim him on his years if y’all had 5050. But if you’re feeling generous and wanna let him claim him I don’t believe it would matter!

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He is your tax deduction because he lives with you.

You need to file him on your taxes if you have him way more than his father does.

Talk to tax expert. There is a way to let him claim part of the return

You should be the one claiming him and if his dad tried too he would get in trouble because he doesn’t have him as much i went through this with my kids dad.


The courts and the IRS told me it’s usually the first parent that does taxes first can claim them and they also said we are supposed to switch off, so I claim the kids one year and he claims them the next year. We have joint but it would probably be different for you. Best of luck!

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I mean if he is trying to claim EIC he doesn’t qualify do to the child living with you. He would only get the dependent credit, unless of course he lies. If that is all he wants to do is get the dependent portion, you can still claim the EIC. He just needs to make sure he says no on that section. You would still have your kid on the taxes but say yes to someone else claiming as a dependent and yes for the EIC portion. You can get a tax preparer to go over. But keep in mind…he will now have the info and can screw you at anytime. In which you will now have to go through extra steps to fix any future issues. So no I do not suggest doing it.

Legally Child must be with the parent that claims him 6 months consecutive out of the year and or majority of the time.

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In order to get child tax, you will have to claim him.

Legally the person who he spends the most time with is the one who can claim him, so that would be you. Unless you have something else written in your custody agreement with the courts.


If you have himost of the time you claim hom

The person that supports the child is supposed to claim it…you support him, so you claim him

You should be the one claiming him, especially if you’re paying for insurance.

You should be the one claiming him since your son is with you the most and you pay all of his costs.

You if your the one who has him most of the time!

Our tax guy used to split it. And let his dad claim him and I get the child tax credit. If that makes sense. We would both end up getting more back that way. But also be aware that once your kids social security number and everything are in his tax file… he can always claim him in the years to come immediately if he does his taxes first

Whoever has the child 60% of the time claims the child