Should I take my ex to court so I can claim my son?

I’m going through a situation with my ex right now. we have a 4 year old son, and I have him almost 100% of the time. His dad asked to claim him every other year on taxes and I don’t think this is fair to me because I have my son almost all of the time his dad gets him every other weekend. (Will pick him up on Friday sometimes, mainly Saturday and bring him back Sunday) Recently I even tried to get together for our sons birthday and he couldn’t make it because he was out of town. He gave me a calendar of the entire year highlighting what weekends he has our son and what weekends are “mine” He didn’t ask me, we didn’t talk about any of it just sent it, so it’s convenient for his and his fiancés schedule. Before he didn’t want any of the tax money and I claimed our son 100% of the time because I have him all the time, and now all of a sudden his fiancé is pushing him to try and heavily claim him for the taxes. She’s even threatened me with court saying me and his dad have “the same rights” to the tax money. I just I’m a scared mom I’m only 23. Should I go to court? I’m so scared of going to court but I feel like it’s the only solution because he won’t talk to me about anything unless she’s in our conversation. I just need some help and advice.

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Help a mama out and respond anonymously on our forum. Should I take my ex to court so I can claim my son?

Omg , he has Abolsutely no right to claim him if he’s taking him four days a month .
You have a child with him not her , I would try mediation

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Whoever has him most of the time should be claiming child every year

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He deserves NOTHING!!!

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Let it go to court. Legally you should be claiming him

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If he doesn’t have him half the time, or isn’t paying child support, he will not be allowed to claim your child… go to court! She clearly thinks she’s in charge of your childs time.

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Need to know what state they are in because that makes a difference in what she can do.

Go to court. In these days they do split it unless he walks in there and says he only wants him every other weekend and then they will most likely give you the right to claim him every year.

Does he pay child support? Talk to a lawyer.

He has no right to claim him on his taxes. AND it is none of his new gf’s business, she needs to step back in her lane :pinched_fingers::grimacing:

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I have 50/50 and I’m the only one claiming him.
Court ordered btw so tell her to kick rocks and file.
Especially if he’s not paying any support

He had to reside with him 50% of the time its literally one the tax questions "does this child live with you at least 50% of the time "

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Does he pay support? If not then no he shouldn’t be claiming at all but if so I could see where that could be agreed upon.

Document everything and go to court. It’ll help you so much in the long run. You deserve the tax money.

From what I’m told who ever gets to their taxes done first claims that’s if there’s no court order,but if it’s 50/50 it should be every other year, every other week only… you should always claim. But to be safe you will have to do a modification in family law

He’s not entitled to the tax credit unless he has your son 102 days/nights of the year , id tell him to give you the form (swapping credits form) and on it where it asks if the child’s resides with him 102 days of year say no , it’s the truth and he won’t be granted them and as far as he’s concerned you were willing to give them to him x

Take it to court. If he doesn’t pay child support, get him on that too.

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Take it to court. He won’t get the taxes and will probably owe a butt load of child support. They wanna play stupid games they can win stupid prizes.

IRS rule states whoever has him over 50% of the time in their home, claims him. Go to court. You might lose, but if you both end up claiming him one year, the irs will go after him regardless.

It’s whoever has the child 6 months OR more out of the year. Let her who has no rights attempt to take you to court…

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If he doesn’t pay any child support he’s not entitled to claim him. Let the fiancé threaten all she wants it’s all talk. Unless he is paying child support, then they could fight to claim every other year.

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They have to list someone as primary conservator, typically where the child goes to school and where you live has a lot to do with it. If you have that and it’s not on a court order, that he splits it, you just should claim what’s yours. He’s not entitled to it, unless it specifies that criteria.

You don’t need to take him to court for anything but child support. If he wants visitation let him take you to court for that. As far as tax deductions you are the custodial parent and as far as the IRS goes only you should be claiming your son. You were being generous allowing him every other year. When you file claim your son and if he claims him the IRS will deny it and go after him. If he files before you just file as if you don’t know. The IRS will contact you. You just need to show proof that your child lives with you and they will make him repay whatever money he received. No need for court on this one.

It’s whoever has him 6 months or more out of the year and as far as his fiance she needs to step back and know her role

So he shouldn’t be claiming him at all. He’s technically supposed to be paying you child support right now and will owe back payments from the date you broke up. If a man is paying child support that man isn’t legally allowed to claim that child on his taxes. Definitely take it to court and claim your son each year. You’ll both be audited but you’ll be fine and he won’t. :smiling_face_with_three_hearts:

Does he pay any child support? Because of he does most states will say every other year for claiming taxes.
And if not, if you take him to court and the outcome isn’t 50/50 then he will have to pay child support and it would most likely go to every other year for taxes.

Who ever is the one who keeps him the most is the one who gets to claim him on your taxes. If he lives with u full time then u are the one who has to claim him

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https://www.google.com/amp/s/www.hrblock.com/tax-center/filing/dependents/claiming-children-on-taxes/amp/

In NC, whoever the child lives with, gets to claim.

I believe the law states whom ever the child lives with for more then six months out of the year is to claim but I could very well be wrong

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Is he paying child support? Because if he is legally its his right to claim every other year. And if hes not. Take him to court for child support and there you can address him filing every other year.

It even asked on the tax forms if the child has lived in same home as u for six months or more of the year … and hit him for child support as well! New gf is dumb.

If you get your taxes done by any business ie hrblock they will tell you that it doesn’t matter what court says its about where the child has slept the most throughout the year.

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Document everything that they are saying. Screen shot it

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Does he pay child support? If not then say no and I will be applying for child support. Just for his audacity.

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Fiancé needs to stay out of it. It’s between you and the dad and the court agreement. 

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The judge won’t let him claim since you have him the majority of the time and she won’t be allowed in the court room either I just went through this with my husband and his ex. We’re married and I wasn’t allowed in the court room and since we only have my stepdaughter every other weekend her mom gets to claim her on taxes.

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Let her take you to court. If you have him I think 60% of the time then you get the taxes.

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I’m just gonna say if you go to court, he will look stupid. He is fighting for money, not his kid.

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If it’s not in your custody agreement and he doesn’t have him a certain amount of days per year (check your state), then it is fraudulent for him to claim him on taxes. If it is in your custody agreement, then he is able to claim him.

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State of texas whoever has custody the main time gets to file taxes on the child

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If he doesn’t support his child financially, NO

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Go to court and make a parenting plan for weekend summer n holiday schedules. Also he’s not entitled to any of that tax money so stop letting him claim him. Also tell him his schedules don’t mean anything until you either both agree on days or the judge will set him for him. Go ahead and file. It’s easier when men have something solid and legal in their face.

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Judge will laugh at him. Don’t worry about it. Keep claiming your kid

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If in Canada the mother always gets the child tax benefits unless the children are proven to be in the father care more …I suggest take him to court for custody and child support p.s his fiancé may have a fit

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If you have an actual custody agreement through court the primary care giver (being you) is entitled to ALL of the taxes and benefits for the child. unless custody is shared 50/50 I don’t believe he should be entitled to anything. And, you should also be eligible for child support payments if you aren’t already collecting them.

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Take it to court. The judge I had no problem granting me solely the one that claimed the children. There’s no real way it should be worse for you because worsr comes to worst it would still be every other year as long as he’s current on child support. But since you have him more of the year and you have the proof of their plans with that schedule they can’t refute that. If she wants tax credit they can have their own child together and hash it out on their own. Not your problem. And if he doesn’t even pay child support at all I’d say he has no right to any tax credit.

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Its funny when they threaten you with court. Let him take you. And hes gonna pay chil support and you’ll STILL be able to claim your child.

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It’ll depend on the state. The. Hild has to live with the claiming parent 6 months out of the yr. Every other weekend or every weekend doesn’t equate. So, if he files without your permission, that’s tax fraud.
If ole girl really wanta to play, next yr, dare him to file and then press charges for tax fraud. She can be his ride or die.

Go to court. Get it legally enforceable. Also if your state is my state if they’re living together it can violate custody.

Court stand your ground. Get a good lawyer

Contact an attorney
They know the custody laws

Go go go go!!! Don’t be hesitant!! Trust your gut!!

Unless you give him permission or the court says you have to, you DO NOT have to allow him to claim your child. On the tax forms it actually asks if the child lived with you more than 6 months. If he tries to claim your child that’s lying to the IRS.

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If you go to court there going to get him for child support I believe if that’s what you want

He lives with you & Dad just has visitation? If your child lives with you 6 months or more out of the year You are the one who claims your child. Tell your ex & his btch that they are not to claim your child & if they do you will report them to the IRS. Also you tell his btch that she can file because you are Primary Physical Custody. She also has no say so as a “finances.” In fact, the court don’t care what she thinks even if she married your ex because she still isn’t a parent with rights to Your child. I been there, done that, psssh next.

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Talk to a lawyer…this way you have backing when you tell him your claiming him on your taxes…no contest.

If u have the child more than him and you do, yes, taxes should be solely for you.

Depending on what state you live in, going to court will make you share every other year in taxes, regardless of how much time he gets with you/dad. (Currently going through this)

Document it all, show all the dates and times he picks kid up. Literally cannot claim the kid unless he has him 6+ months out the year. Then do not agree to ANYTHING not extra time or nothing that is not in court order.

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Document it all, be the first to claim him and yes I’d go to court. Dad doesn’t care for him or spend his money on him, you do. I would 100% go to a lawyer and tell them your issue and they will probably help you. That’s your child’s money. If he claims your child they see it as theft from your child. I’ve recently ran into this issue myself. Your ex is not entitled to ANYTHING just because he helped you make a baby he sees only a handful of times a month.

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You have him over 50% of the time, you get to claim him.

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I’m not sure how it works with child support or if he is paying you but the parent who basically has the child full time gets to claim on taxes. As far as the fiance goes she has no rights to say anything about the situation. When my ex and I were going to court his fiance spoke up and tried to put her 2cents in and the judge asked her if she was the mother and of course she said no and the judge said well you have absolutely nothing to say about anything. And then the judge asked me if I even wanted her in the room and I said No so he told her she had to leave the mediation room. Stand tall and stand your ground you don’t have to let this fiance push you around especially if you and the baby father already have an agreement in place.

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depends on how much child support he pays

They don’t have same rights he lives with you fulltime doctor office has your address . It’s where ever the child has slept throughout the year and where his address is . She must just want the money claim your son ignore them . If they claim him they will owe the money back . For him to legally claim him he would need a paper signed by you for consent . They haven’t rights to the tax money . I have been a tax preparer for years . Not in recent years but in the past . Ignore them . Tell them they can take u to court let them waste there money for a judge to show them federal tax laws. Do not waste your money on court and lawyer any lawyer he tries to get will not even take the case and a judge won’t go against federal law

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Have yall ever been to court for custody before? And is so was it in there that yall alternate years for taxes? If not take him because it asks if the child lives with you 6months or more out of the year and he has you. He shouldn’t be claiming him.

If he isn’t on child support put him on, if he is on and not paying ask for a show cause on why he ain’t paying. If he wants court, give him court.

Idk about court but I would def have someone prepare your taxes and discuss it with them. There should be a way to contact the IRS to let them know he is commiting tax fraud.

Send her the federal tax laws for her to read it does not say they have rights to the tax money :person_facepalming: it will literally say they don’t

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Depending on state (we were in MD) if it went to court it was mandatory split the child tax deduction mom on years ending in odd, dad even

To claim a child on taxes the child has to live in your house for at least half the year. Every other weekend doesn’t constitue that. I would file for custody. I had to take parenting classes and what not when I did it so I would research your local laws and find out everything you need and more forward.

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Whoever has primary custody of the child and has them majority of the time claims the child. Has nothing to do with how much child support they pay. Those are IRS tax laws. Unless you have made an alternate agreement in your divorce or custody papers, you were the only one that has a right to claim him. When you file your taxes, there is actually a question if the child has lived with you more than 50% of the time during the year. If you answer that honestly, then you were the only one legally able to claim him. If your ex claims him, that is fraud because he does not have the child more than 50% of the time.

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I believe he’s not entitled to even do this. Especially if you are 100% the only one who’s his guardian. If your ex was never married to you even if your son has his last name he’s not entitled to claim him at all on his taxes. I know it’s different from state to state but I’m in Ohio and if y’all weren’t married he has no claim unless you’ve established custody rights in court. Otherwise he’s not even supposed to take him to the doctors without out a letter from you in records

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Get a custody and visitation agreement through the court. The parent with primary residence claims the child on taxes unless agreed otherwise

It doesnt sound like you all have a legal child support agreement in place. I know some parents leave courts out of it to be amicable etc. This is perfect of example of why its important to have. At some point a 3rd party will try to influence a parent and change the priority.

You don’t have to go to court, just claim him, as you rightfully should. Even if he already has. He’s committing fraud if he claims him, which is claiming he has your son more than 50% of the time. You’ll win

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Depends on your state. Contact a lawyer for a consultation. They’ll know more about the judges you may have to face and tell you your chances of getting it in your favor.

My answer is always court when it comes to co parenting with an ex. Not for the sake of being an a$$ but because its complicated and messy and usually there is a parent who does stuff like this or comes in and out whenever they want and etc… for court- keep all documentation, lots of forms will be on the court website and you can always call the clerk and ask your questions thats what they are their for- they cant give legal advice though.

So get the forms keep documentation. You can file for full custody, primary custody etc… depends on the state what the term is but basically your child resides with you and you are 100% responsible. In this court order you can have medical- who pays for what- who gets to make the decision for medically necessary stuff, where the child lives, how often dad gets to be involved, the list goes on- taxes. You definitely will have to write down what you want and dont leave stuff out- just because it doesnt apply now doesnt mean it wont so school, medical, medical insurance, taxes, primary residence, visitation, any abuse needs to be documented and you could meet at the police station in your area.

Maybe you know someone in your life who has gone through this and they can help you.
Also some states have low income or income based legal assistance. Some also have a speacil day in the month that lawyers will help you fill out paperwork.

In maine they have this and child support is handled separately. If you are on any assistance usually they ask for the other parents info and they will go after that parent for child support.

It’s complicated and messy and he will probably be pissed but its about your child. I have damage from my parents being in and out of my life and seems like he’s like he’s on that path.

it literally asks of the child has been living with you more than 50%
that’s who gets the taxes

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No take his ass to court

If he claims him on his and you’re the one he lives with and you also claim him. they are commiting tax fraud. And can go to prison.

If he lives with you you have all the rights I have been through this (in WV) but they said if the child resides with me and the father only gets weekends and gets him from time to time then he can NOT claim him on taxes because he lives with you! Best wishes

If he pays child support then , he gets every other year . If you have been claiming all this time judge my award him many years in a roll .

Please go to www.irs.gov
Count the calendar days they want him. The parent who has the child for more than half a year is the one who can claim. I’m sure there are parents who have other arrangements but you don’t!! THE FIANCÉ HAS DON HER HOMEWORK

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If it’s in your parenting plan that you have every other tax years, and the judge knew the schedule you had set up, then I would leave it. It’s not worth the heartache or the court costs of it potentially being left the way it is, because you’ve already been through it. If you haven’t gone to court to get an established parenting plan or custodial agreement then yes, go to court and do that and request that the fiancé not have any part bc they aren’t married yet.

The IRS doesn’t recognize court documents, it’s about who has the child solely through the year tell them to go ahead and take you to court find a lawyer don’t give in good luck momma

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Yes go to court ! And if he isn’t paying child support , they will take that in to consideration on the tax issues!

You keep claiming him!

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Let them take you to court. She will find out that what she wants is irrelevant and he will wind up paying your lawyer when he loses

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She’s an uneducated bum. Let them try to take you to court they might just put him on child support lmfao

Let him take you to court he is not entitled to claim your son if he is living with you it even asks if the child lives with the tax filer full time in order to get the credit

Only if yall have joint custody then it’s every other year

Your child isn’t a possession and shouldn’t be treated as such.

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Take it to court because custodial parent claims child

If you have sole physical custody and he just has visitation then you are the one entitled to claim him on taxes. If you don’t have a custody agreement you need to file in court for asap and make it legal.

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Every other year is fair…it’s how the system is set up…don’t waist your time or $$ on this… enjoy the year that you do get to claim the child…he’ll be 18, before you know it.

Every other weekend is the only time he has his kid? I would absolutely go back in there lol. But I would not be keeping the kid from him if he wants extra weekends etc. and you have no plans. He also be on child support if custody was not 50-50. No room for lazy dads in my book. 

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I know here in va if you have the child one day over 6 months out of the whole year then you get to claim him!! Keep a calendar I have seen people go into court and have it all on the calendar!!!

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Your CUSTODY arrangement should ALREADY be set out along with child support. YOU in realty have FULL CUSTODY (100% right to taxes) of your son and your baby daddy has visitation AT YOUR DISCRETION (what you and baby daddy work out NOT Fiance)
Send the calendar back put on it “to be determined month to month”.
YOU ARE the MOTHER (not the fiance) put on your Big Girl panties get an advocate
from family court and put this stuff in write.
DO NOT speak to fiance about any of this ever again. It is only YOU and BABY DADDY who make decision for YOUR CHILD.
Get this straight NOW or you will have problems till this child grows up.
Fiance is only out for money YOUR CHILDS MONEY. Apoarently your Bsby Daddy needs to grow a pair and speak for himself.
You dont have to fight with fiance. Just dont talk or interface with her about thing that are NIT HER BUSINESS.
Pull up those big girl panties and do right by your child. Childrens services and court will help you.

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