The fiancé doesn’t have say so and her threats are nothing
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Pending on state ( texas) me my son’s can’t claim him cause he’s got no overnight rights and don’t work either.
If his fiance is trying to run the show for one she’s not blood family you have every right to tell her keep nose out of. Even after marriage she has no rights to you’re child btw that’s all 50 states
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Claim him, but do it first before he does if possible and let them take you to court, that way they can pay attorneys etc and you will win the judge will give you child support if you ask, and every other year on taxes and a set in stone custody agreement that he will have to abide by unless you ok anything so don’t be scared of court.
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I’ve gone through this issue as well… 1st I’ll state that It is a FEDERAL tax law that stipulates who has the legal authority to claim the child. Ironically, even with a state (Civil) child custody or divorce order, if it were to ever be disputed to the IRS, the federal law will over ride any civil order by any state. The law states that whomever the child resides with more than 50% of the time & provides more than Half of costs to support the child, has the legal right to claim the child on their taxes. According to what you’ve said, that means that YOU have the only legal right to claim your child & I would not allow him to claim the child every other year at all! BELIEVE ME, It is worth the fight! If he files 1st & claims the child, the system won’t allow you to e-file, so you will have to print your taxes & mail them in. You both will receive a letter asking you to provide some kind of proof that the child resided with you for more than half of the year to determine who had lawful rights to claim the child. Ie. Daycare or preschool record, doctor office records or billing statements etc. stating your address, is good proof.
This is a matter between co-parents, The gf needs to back up & stay out of y’alls parental decisions & communications! It sounds like shes trying to intimidate you into doing what she wants! Do NOT allow that behavior or it’ll get worse & worse over the years! You set your boundaries & stick tight & true to them!
And for that reason as well, I do recommend you go & get you a court order! And file it 1st!
I now have a court order also & as a preventative precaution, but I let way too much slide before I got wise & it bit me in the Ace beforehand.
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If you have custody he can’t claim the kid.
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Get an attorney n file a parenting plan.
Hell yes go to court. He can’t claim him.
Claim him, your ex will be the one getting audited. This happened with my friend, he rushed and did taxes, got the money, so when my friend did her’s a flag got raised, in the end he had to pay it back.
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The court granted me child support and my ex gets to claim my son every year on taxes…
You have to let him IF it’s in the custody agreement. Even if it’s on the agreement, he can’t take the EIC because you have him more than 50% off the time. If it’s not in the agreement, and you have him more, he’s not entitled.
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Go to court. Show them the calendar that he sent and say he has the baby these times as per his request. I’d go to court to get the visitation schedule set in stone so he can’t change it and to also have him pay child support. If you have the child every day minus two maybe four nights a month, he doesn’t have equal parenting time. Meaning he owes you child support and doesn’t get to claim the child on taxes since you have the child more than 60%
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Go to court to establish custody and who gets to claim him. It should be you since he only sees his son every other weekend. You’re the sole provider.
the custodial parent claims the child unless the child lives part-time with other parent at least 50% of the time.
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I would say go to court establish a regular visitation schedule and that you claim taxes and take him for child support as well
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File and claim him. The irs will audit both of you for proof of who has him most of the time. This should be easy for you, especially with him providing you with the proof you can present to the irs about his lack of involvement. You will get the tax credit, and he will have to pay it back to the irs if he already received it.
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It’s none of your ex girlfriend business. Not her child and she’s not married to your ex so she absolutely should keep her mouth shut. You have every right to claim your child on taxes. If you don’t have full custody I strongly advise you to get it. With ignorant women like that you have to take all precautions and put her in her place if you have to
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His fiance shouldn’t have a say whatsoever!
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My judge told my sons father that it was my decision bc I had primary physical custody.
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Is child custody on paper? Get a lawyer and a consultation on what you want. My ex was an ass so everything was spelled out as to who paid and got what. I have two girls now in College. Money was very specific— he had to pay me support ( which was barely anything— I had 60 he had 40 % ) do therefore he had to pay 60% of their Health Insurance and any out of pocket not covered including prescription meds, 60% of school supplies, sports equipment and fees, dental not covered, etc. We did not go into College costs at the time because they were little—- I’m regretting that now that they are both in College. As per agreement I claimed the youngest on taxes, him the oldest. Once your son is in College and having tuition if you have him as your dependent even after you lose the child tax credit for him at 17 you can still claim the student tax credit for tuition for College
Do you have a custody agreement? And does he pay child support? Those are things you need to go to court for if you haven’t
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Got to court they tend to favor the parent who has majority custody as far as taxes go
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I would just get it in writing, go to court. His fiancé just wants the money. It has everything to do with who provides financially and who has the child overnight the most. So sounds like you should get to claim him.
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Um when you file for taxes it explicitly asks if the child has resided with you for more than 6 months of the year! In this case your son is with YOU more than 6 months of the year and dad way less than that. That child tax money is YOURS! Him claiming your child is TAX FRAUD! Smile at the girlfriend and tell her “See ya in court”. Document all the things you buy for him. Document their pickup and drop off times to prove hes with you more. The judge will laugh at him and his girlfriend and throw the case out. Straight up! 
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Taxes are legally based on who has the child 51% of the time or more. So you claim him on taxes.
But let them take you to court & get charged back pay for child support!!
He is an EX. He does not dictate your schedule. If you feel like you have no say, get a custody agreement!! Protect your rights!! Stand up for yourself & for your kids wants & needs!!
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Go to court! Don’t be scared! And tell her don’t even speak to you! You have to deal with him not her.
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Go to Court!!! You are mom and bave primary custody. You should be able to claim him every year!
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Tell them to take you to court a judge will see its clearly about money. The IRS don’t care about court orders the care where the child resides most of the time which is you. And he also don’t get to just say this is how it’s is without talking to you. I would recommend a CO so it’s in stone and file for child support. He don’t get to get away with maybe having child 1 day a week or every other and not support him or demand anything.
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Some parents alternate years.
Don’t take him to court unless he already filed and it’s infringing on your refund. But if you filed first, let it be. They can take you to court and show how ridiculous they are for fighting for it.
Go to court and get a parenting plan set in place designating all of this…you guys have to come to terms on everything otherwise there will be a trial. MUCH better having a court ordered plan, so he cant switch things up on you.
Go to court, time doesn’t lie and the judge will see it for how it is. She has no rights to dictate what works for her as you seem like you are the main parent. Put him on a strict visitation schedule that he can’t just switch whenever. You have to do what works for you
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If you go to court and he gets joint custody then he legally has that right to claim your child every other year on taxes
Please don’t listen to ppl on here talk to an attorney. It differs state to state.
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Obviously your ex and his fiance can smell that big $3600 child tax credit coming from the American Rescue Plan, that along with earned income credit or standard deduction and they could finance a dream vacation, the problem is they cant take it from you in court unless they get your son for more time or you sign it over to him with IRS form 8332 so let them come, your holding quite a strong hand
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Go to court! The judge will probably order financial records from both of you to determine if child support is adaquate and who should be given the tax break. However, even if you have 100% custody if he is paying very generous child support that may tip somewhat in your exes favor. The judge could also order that you reemburse the other parent for 1/2 the tax credit. Good luck!
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We are ordered every other year. Doesn’t matter custody
yes! go to court!!! that is not right! what he is trying to do!! the girl friend! has no right putting her nose in it! she needs to stay out of it
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He can’t pick his weekends. That’s NOT how visitations work. It would be every other weekend or 1st 3rd 5th weekends. Does he pay child support? He isn’t entitled to any tax $. IRS says the parent that has the child in their home the most claims the child. I would go to court and have EVERYTHING detailed in court papers. VERY DETAILED
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Unless he has him close to 50/50, he has no right to claim tax money. That’s also a thing ordered in court, so you don’t have to let him unless court says so. And it doesn’t sound like the type of situation in which they’d do so.
does he pay support?? If he is on time with it and pays what he is supposed to he will get 1/2 tax…
Court will just give you alternating years.
She can threaten all she wants. Doesn’t work that way. It asks when you file taxes has the child lived with you for more than 6 months out of the year. She might want to be quiet before she causes her soon to be hubby more in child support if he pays or they start making him pay. What makes them think they are entitled to money in the first place that’s meant for a child.
Talk to a legal representative from your state. If nothing is outlined in a parenting plan, get everyrhing outlined such as how weekends/ visitation/ custody works. That should include child support and taxes as well. Most important to talk to someone in your own state since it can vary so much and they can get a true/complete picture of how things are.
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Make sure to take the calendar that he made for you to show just how much time he actually spends with your kiddo! If he only has every other weekend and your child is with you through the week, he has no rights to claim him on taxes.
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It depends on your child support when agreement…i claim my children if he wanted to… then his child support would go up… …he chose to pay less and allow me to claim them
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You both can claim him. If he lives with you then you mark he lives with you 12 months out the year. The dad can claim him and mark he doesn’t live with him. That way you get the money off the kid and he just gets put in a different tax bracket. 
Normally if there is one child you alternate years. That way it is fair for ya both!! That is only if he pays support. And NO, you do not share tax money. One gets the money one year and the other the next. And in my state they have to be less than $1000 behind or they can’t claim the tax credit.
Take husband to court and preferably after they’re married so you can ADD her income too:clap:t2:
and ask for MORE monthly!!!
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You have always claimed him yes?
So if living arrangements etc haven’t changed…
You keep claiming him end of story
Let him get in shite if he claims too
Tell him No!!
Go to court and if it drags out be sure to file your tax return as soon as you can when the filing season starts. The first person who claims the child should expect their return to go through with no issues (as long as your return is correct and doesnt raise any red flags). If the father files AFTER you and tries to claim the child their return will be rejected and it will be up to the father to prove to the IRS that he is entitled to claim the child as a dependent. My mother worked for H&R Block help line years ago and she saw a lot of this. Filing first made it a lot easier for parents who were entitled to claim the child. Then the other parent had to deal directly with the IRS.
Take him to court. Record every conversation, screenshot every message. Also make sure to get a lawyer it’ll help in the process as well
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First, the other woman has no input in your child support case with your ex. (I had this experience with my ex’s wife and the Judge had stated as much to her as having her removed from the courtroom)
Secondly, I was told the parent that has or is responsible for 51% of the child care & well-being is the one who can lawfully claim child on their tax returns.
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Yeah I hate that it’s the dumbest shit ever I hate how common it is!! It’s basically like here every other year you get a refund on your child support.
Dad can jot legally file unless he has the child 6 months out of the year all you have to do is contact t IRS and show proff that you have custody of your son all that time school day care ect and they will make him pay back if dad does have him for six months total time at the end of the year he can file but you can go to family court and request that only toy receive the tax credit this will be established with child support my ex kept claiming my daughter went to court and now they can not claim her at all court order
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Take it to court they will laugh at this
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Where ever the child lives the majority of the time gets the child credit that’s law unless it’s other wise documents through the courts
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One time both of my parents claimed my little brother. He lived with my Mom though. Our Dad got the money and had to pay it back because he didn’t live with our Dad for a minimum of 6 months.
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She needs to back off
And he needs to stand up as a man and do things him self
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I claimed my daughter every year she is now 20 never let her dad… I had full custody and didnt have to share taxes
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Try to get a lawyer and take him to court. He never has him. Technically it’s whoever he lives with the most. Don’t let them bully you.
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Ignore her and you go to court. If needed get a restraining order on his girl for harassment n being threatened. If he doesn’t see the dad much he shouldn’t be requesting tax money 
also let him know nowww your dealing with him REGUARDING YOUR SON NOT HIS GIRLFRIEND
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I would say to go.
First off, he shouldn’t be telling you anything about when time for him is convenient unless the two of you are discussing it.
You’re the mother to the child so you get a say as well.
Secondly, the fiancé has no say in this what’s so ever, so I would just ignore them completely.
I would 100% go to court, you may even just have a mediation where all the visitation, child support and taxes are discussed. If you don’t already keep your own personal calendar of times he picks up and drops off. Log the hours that he spends with your child. Log the phone calls and times. Just keep everything. It will only help you and your son in the long run. Once you have official court documents you will feel a lot better  
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When filing taxes it says a demendant must live with you and be supported by you atleast 6 months of the year. 52 days a year is not 6 months.
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go to court she is not his mother you are and if you have most of the he is not entitled to tax money
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GET A LAWYER ASAP. He is trying to gaslight you and make you appear as a bad parent. YOU have the child and YOU take care of him. HE is a putz.
Legally, dad cannot claim him unless he has him greater than 6 months and 1 day. If he files first, you will have to file by mail and the IRS will send letters to each of you where he will have to prove he had him for more than 1/2 the year. Good luck.
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I think he might have a right to claim him if he provide financially to him , but also think that stuffs like this should have to be discussed, she has not right to be treating you, so play their game and take them to court and see who will have the last laugh,also ask for a child support hearing as soon as they get married you might probably get more money.
Also you can have the visitations established by the court ….not by him
Does he pay support?
Is there a court order set for anything?
Go back to court. File for a more detailed visitation that suites you and your sons needs. And then file through cs that you want to be the sole person filing with him on taxes. This is why you don’t rush into turning in a visitation plan or agreeing to who claims them on taxes right away. Always read everything and make sure you’re ok with it
Get your own lawyer and stop letting them bully you. He will get set visitation and stick to it or not. It is not his right to tell you what to do
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I’d be careful sending my child over with no court order after the way they sound. With no court order he doesn’t have to return him. I’d go to court and establish a set of guidelines for both parties so it’s set in stone. Also the irs doesn’t care about a piece of paper and ur court order when it comes to taxes. At the end of the day, it’s who the child resides with 51 percent of the time.
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That’s actually a standard child support agreement that the non-custodial parent gets to claim the child every other year as long as child support is current so yeah go to court to be told the same thing he wants
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Start documenting the days and absolutely do not let them claim him. He has to have him equal time for that to be a possibility AND she has no rights so I would honestly tell her that you will speak to their father regarding the children; and not her. If she was being kind and not looking for your refund then I’d say co patent amicably, but they aren’t.
you need a court agreement stating how custody is shared,and who ever has custody of the child the majority of time in a year(51% of the time or more)is the only 1 able to claim the child on their taxes by law…if you can prove that you have custody of the child for more than 1/2 of the year,let them take you to court,they will then lose AND have to pay court fees,lol
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Do you have child support? Look in your order. Some will say who claims what year or call your child support person if you have one to find out. If he doesn’t pay or not on both certificate you technically don’t have to give him to your ex. He then can file for support.
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Does he pay child support…GET IT IF NOT!!! HIS FIANCE NEEDS TO BUTT OUT… TELL HER SO…THIS IS WHAT happens when you don’t do it the legal way… don’t be scared…grow up!!!
Just claim your son. IRS will get him for claiming him to. Tell him your claiming him and be done.
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Go to court!! Get child support and the rights to claim the child every year
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If he don’t meet this criteria then no he can’t claim your son and dont let him…
Double-check that you’re entitled to claim a dependency deduction. From a legal perspective, first, be sure that you’re the custodial parent of your child. That generally means that the child is related to you, and is under age 19 or is a full-time student under age 24. In addition, you have sole or full custody of the child and you contribute at least 50% of the child’s total financial support. Finally, the child lives with you the majority (at least 50%) of the time per your custody arrangements; even if your child lived with you 183 nights vs. your ex’s 182, you’re considered the custodial parent for that tax year. However, if the child spends the same amount of time with both parents, the IRS considers the parent with the highest adjusted gross income to be the custodial parent
My husband was told by his tax accountant that whoever has the child over 50% gets to claim the child. There is a form that both parties have to sign though. If he won’t do that I would definitely seek legal advice.
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You don’t need to go to court for that…Rules are Rules and just tell him no and I would
Talk to his ex and you and ur ex need to make a schedule not her… if you need help on me I’ll help you with the convo
If you can afford it, get a lawyer & go to court, & get child support, if not just go ahead and claim him every year. IRS will get him.
Whoever the child stays with is who should be claiming them on taxes
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If he’s paying support, Healthcare, etc you’ll more than likely take turns claiming him on taxes.
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He needs to have 50/50 court ordered custody for him to claim him on his taxes . taking him 1-2 days a week definitely don’t count … IF YOU DO NOT HAVE COURT ORDERED FULL CUSTODY GO NOW AND GET IT OR HE DONT HAVE TO RETURN HIM UNTILL A JUDGE SAYS SO
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I wouldn’t send him back without a court order. Play stupid games win stupid prizes. I wouldn’t feel safe now that they’ve threatened you with court after being accommodating before. He could potentially not return him. He doesn’t get to set the visitation schedule without even consulting you. Does he pay child support? If not he certainly is not entitled to claim him at all, ever. He doesn’t support him so he doesn’t get the child tax credit.
I’d take them to court myself. Set court ordered visit schedule, court order child support and a court order for holidays and tax filing entitlement.
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Ot isn’t just your kid why can’t he also claim him?
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Dear Ex we will set the schedule for OUR child, not what’s best for you only. I will continue to claim our child every year! I will not communicate with your girlfriend on any subject pertaining to our son & threats will not be tolerated…
Thank you have a great day!
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what is it 60%? if he has him 60% of the year he does have rights to taxes. now idk what percentage every Saturday and Sunday have out the year yall gotta figure that out on your own lol
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The child has to live with the parent for six months out of the year for him to claim him. My sons father tried to pull the same stuff when he just started taking him to school. He told me “well we should at least half it” yeah right. You’re the one spending the money on all the child’s needs/wants then you claim the child during taxes.
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You do need to go to court and get sole custody of your son. My ex tried to claim our kids because one year he paid a total of $1500 in child support. He was told he could claim them if he did. However it was $1500 per child. This was 50 years ago and my support payments were only $40 per week.
if he takes you to court or you take him a judge could order you to switch years so just be prepared.
Do not let that stupid bish influence your decisions. If they want to take you to court then let them. A calendar already made up, couldn’t attend his son’s birthday oh yeah dad of the year. It’s amazing how stupid guys are and how evil gals can be. Your son is not a paycheck but a person and I’d tell both their sorry arses that 
keep strong Mamma and keep your head up with dignity
Go to court the judge will shut her up and add my child support
They’re totally playing you! His girlfriend needs to mind her damn business…. I would definitely say that to her too. She has zero say in anything. You have full custody, meaning you claim him and he’s supposed to pay child support. Don’t even worry about their threats because that’s all they are. I just went thru this with my ex and the judge pretty much laughed at him when he tried to get his support lowered. The judge said I have him full time he gets visitation so no the money doesn’t get lowered. Legally he shouldn’t be claiming your child at all. Don’t be nice anymore… sometimes you just have to be a B! Stand your ground girl and Never ever let the new woman think she has a say.
If he’s paying child support he claims, however you can still claim unearned income.
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If he is with you 51% of the year you have every right to claim him every year and he doesn’t. Child has to live with you at least 6 months of the year
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The new wi law states as long as they are current on child support they get to claim them everyother year. I have my daughter 100% with no visits and her father still gets to claim her if he is current.
Like others have said he needs to have him in his custody for atleast 50% of the year for him to legally claim hi,
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If she only a fiance she has no say so over anything that has to deal with your son it’s should be between you and the ex. Fiance should stay out of it.
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