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

If you were married and it’s addresses in the divorce you have to follow that. For example my divorce states my ex can claim them every other year, unless he is behind on child support if he is behind he loses that privilege.

Does he even have access to his social security and any of the child’s info? If not then he can’t do crap. If you’ve already let him claim the child in past… you need to make sure you do your ya es and claim him first and then when he goes to try he’ll be denied. My sister wasn’t very bright and let her ex take turns claiming their daughter too and he wasn’t even paying support and only had her every other weekend… hell no! Don’t be nice you gotta look out for you and your child’s needs. It’s tough being a single mom. You can be adult and get along no fighting but don’t let him walk all over you… smile and say I’m not doing this. You can get a free lawyer and help being a single mom low income if that’s what you need. Is completely ignore the girlfriend it’s none of her business.

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You don’t need to go to court… just claim your child.
He can’t do anything about it

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By tax law. Only the parent that has child more then 180 days can claim him. You have him most of the year so you claim him. He can only claim him if you give him the social security number. So don’t give it to him.

If he claims him and you have him in your home, you can get audited and have to pay back the amount your ex gets.

We just went through this. The lady at h and R block the mistake exes make is one … not going to court to get it in writing who claims the children. And two. The non custodial parent always sweet talks the custodial parent into it’s tax fraud by making them let the non custodial parent claim child that doesn’t live there…

So yeah. Don’t fall into that trap.

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The IRS states that you can only claim a child if they live with you 6 mo out of a year. It is federal not a state decision.

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And I completely agree with above statement… not his fiancés business. :100:
Tell him to grow a pair

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Screw that. She nor he are entitled to the tax credit - they aren’t providing for him. Let them take it to court - until then I honestly wouldn’t let my son out of site.

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You need to find out laws for your state. Here you will get a ton of answers that may or may not be true with your state. Call your local court house and ask them if they can guide you in the right direction. Then call the IRS and they can answer your questions too. They are very helpful with stuff like that. Do your research write every down and don’t let her intimidate you. Arm yourself with knowledge and when she has something to say. Simply tell her. This is between me and the father of our son. You are not part of this conversation. Just be kind. Seems like she knows you are scared so she is intimidating you.

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Just call IRS and get a pin number … he will not be able to use it if he tries

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Let them take u to court don’t give him information.

Yes a parenting plan sounds best

Technically until the marriage she had no say. I know from personal experience

Go to court. Present any documents,evidence and if he leaves a message or text save them,record him whenever possible on speaker. If you have medicaid or anything like that you can get a lawyer for free. Take the first step to family court before he does and under no circumstances commit to letting him claim your son on taxes or else it will magically become permanent. My friend did it and he made thousands and neglected to pay child support. Stand your ground and that greedy fiance of his well,IT’S ONE OF HER BUSINESS. Go get em! And if he threatens you in any way,get an order of protection & permanent custody.

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If he’s with you more than 51% of the year you should be the only one claiming him for taxes. Federally and legally he can’t claim him unless he wants to commit tax fraud. Go to court and have a court ordered plan that way it’s fair for both of you and he can’t bitch or complain saying it’s all your fault why he does or doesn’t have the child on a specific day

Go after him for child support and when he gets married you can go after both of them because household income will be higher, at least thats the way it use to be.

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Taxes are for the parent whom the child resides with the majority of the time

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We’re you ever married? He doesn’t have rights to claim him

See an attorney & find out what your options are. Is there child support involved? Tax laws can be complex … it’s best to work it all out with attorneys. His gf has no rights to your child, or anything to do with/say about the custody arrangements between you & your child’s father. She has made a useful suggestion, though … court. The best defense is a good offense. See an attorney, find out what is legal in your state, and what your options are.

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It always seems to become an issue when they have someone in their ear.

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I worked at HR Block the person that can claim him is the one he lives with and provides for him over 50%. He can try and claim him but he won’t get it.

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And let me add, she should have no conversation with you about it. Do not entertain that!!!

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Do not involve the court. Your life will never be the same again. The system does not work.

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Sweetie first contact legal aid or whoever helps …and discuss your options…do you have full custody if you dont i suggest you start with that if you have never filed for any custody at all you need to get that done because he could take your child and not return out of spite and police wont be able to interfere …court would be a great way to show them you are not a pushover when you do take them to court you can bring up visitaion times, tax money, and support and take someone with you for support there will be people who will go with you from support groups…dont talk to them at all on the phone because she has no right to talk to you…he is the father so try texting only him and only if its about your child so you have proof of what is happening…does he pay child support if he does great…and the courts arent going to agree on which days are convenient for him they are going to say weekends fri to sun every weekend or every other weekend…so go to the courthouse and get information, check out support groups that have gone through this and can help…also start getting knowledge about this look on the internet and ask courts where to find information for your rights…knowledge is power the more you know the more power you will have over them…start standing up for YOU

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Go to court. Tell him NO and you will fight it. Also it’s none of “HER” F’ing business and stay in her lane

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Does he pay child support? If he does, he might be able to claim a portion of it on his taxes, but certainly not 50%. It would help if you could show on paper how much of the expenses for raising this child fall on you, vs how much he pays. My sister only got $10 a week per child (3) yet had to work two jobs to support them. He wouldn’t even help with the child care costs necessary so she could work to support them.

You have to agree for him to legally claim your son. Information directly from the IRS can be found in the link. I put you to the page.

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Do go to the courts!! Plus you do not need to discuss anything with his now wife. You have your son more than 50% of the time so income tax claims are yours!! Do not let anyone push you around----while yes “SOME” Dads do have rights to tax money but those are Dads that have EQUAL Shared custody and it just doesn’t seem to be the case here.

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Idk where you’re located, but here you can take your ex husband or common law to court for support and spousal support, along with their partner if common law or remarried (“income”). See if it’s the case where you are. If so perhaps it’ll make them back off.

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He has to live 6 months out of the year at the house they claims him unless court paperwork states otherwise

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Definitely go to court.
And most people alternate years whether they have the children the majority of not, through the courts.

You have him more than 50% of the time, he is your dependent.

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I’m pretty sure to claim a kid they have to live with you 6 months out of the year. So like if you had even split custody then he could claim him every other year. But if he barely sees him, even on weekends he’s supposed to have him, no girl. Take him to court.

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To claim a child on taxes they are required to have a minimum of 6 months worth of OVER NIGHT visits… sounds like you have him well over the 6 months minimum and the dad does NOT. Therefore he legally can not claim him.

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Take him to court hun.

She needs to stay out of the conversation

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Court! And tell him that she will not be included in the conversations about YOUR sun.

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Don’t stress. Regulation is in place for this reason. If you have him more than 60 percent of the year, you are entitled to claim him. Let him take you to court. Given you have him the majority of the time, they’ll tell him the same thing and to stop wasting the court’s time.

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My first question is do you have a court order in place for visitation and child support? Cuz if you don’t have anything down on a piece of paper legally through the courts he doesn’t have a right to claim your son every other year or ever unless u allow it. So unless that is stated in your court visitation and child support papers no he would have to take you back to court to have that right. Do u have those papers? If u do I would sit down and read them and see what they say and if they don’t say he can claim his child every other year don’t worry about it and do you. Because he’ll have to take you to court if he wants that right and if he takes you to court and he’s NOT on child support the COURT WILL put him on child support and a visitation schedule and those are the only guidelines you have to follow when it comes to visitation and what he is allowed etc.

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Unless it states in the divorce who gets to claim him it is determined who pays for the greater share of his care. Sounds like his fiance is money hungry. You might want to go to court if you can afford it just to have set visitation in writing and not at his or her request. Keep claiming him.

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It is who has him more than half the time and who supports him more best thing talk to a lawyer

I bet they are threatening to take you to court because your young and don’t understand a lot of this stuff. Don’t stress and get some legal advice. I think if he can’t even be bothered to talk to you about his visits and doesn’t even have him all the weekend then he shouldn’t be claiming him for anything. Stand your ground don’t let them push you around as she shouldn’t be involved in anything. Also a note keep all texts and emails from them and be careful what you say back as it could be used against you and you can use it if things get out of hand. Good luck and stand strong.

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He doesn’t get that right if the child doesn’t live with h 60% of the year which it sounds like he doesn’t. And he would have to have a court order or your explicit permission to do so. He can’t just willy nilly claim the child. Tell him no. Let him take you to court. Which in most cases the parent who has the most custody will win. If you claim and he claims at the same time the IRS will audit you both so be prepared to show that proof. Etc…

Go to court and establish custody, visitation, child support, and tax claims.

Unless he is supporting your child more than 50% weekly he has it right to claim your child . What is included as expenses are clothing , food, doctor bills medication . Divide rent into how many live in your home . Say 3 people 1/3 would be rent for your son the same with water lights internet and television all household bills . He resides one night every other week with Dad . He is not the main supporter of your child . That is standard in any state . Tell his fiancé to butt the heck out . Add up your sons potion of household bills . Than compare the child support to what the bills are . If he pays more than the 50% in child support he collects

Time to get a family lawyer and let them solve the problem.

he needs to pay child support the more the better

Just keep claiming him and let them pay out court fees if they want. They can’t take the kid from u

That is a huge no!!!

I’d go back to court

Need to take him to court. Get an attorney and let them handle it

He has to pay 51 o/o of his support

I wouldn’t give him nothing go to court and tell the judge

That would have to be an agreement in which you don’t agree. I’d tell her to kiss my ass first of all and she can talk to the wall and see if it gets her anywhere. That’s so disrespectful of her when she doesn’t have a leg to stand on. She’s not the parent. So what you need to do first and foremost is yes you can contact a lawyer for legal advice, sometimes they will even talk to you over the phone for a little clarity first hand. You get a calendar and write down every single day/ night you have the child and that he does. If it’s not 6 months out of the year then legally he cannot claim the child! Now, if they were to file before you, that calendar is your proof of how much you have him. Your tax professional can go behind them and you claim him on your behalf. They will evaluate it and it may be a drawn out process that’s why you should get legal things in writing of custody and all that but the calendar would be your proof that you are the sole provider and have the child more. Mamas have to fight sometimes and it’s a sad thing but be strong!

It’s whomever the child resides with majority of the year. Let them take you to court and let a judge decide what’s best. Your exes fiancée is money hungry and only cares about the money

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Does he pay child support? If so he may have a leg to stand on with regard to taxes. If not, I’d check with an attorney. The judge will probably order support. Then decide who gets to claim the child on taxes.

If he don’t have 50% custody or pay child support, you have EVERY right to claim him every year… you pay for his care and well being and all the rest… that money is yours!

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Legally, irs law over rules custody papers and you can claim your son if you have him the most and can prove it ( school papers, Dr visits, notorized statements from family/friends). However, if your custody papers state you alternate years claiming him, he can take you to court and you can be found in contempt. If it’s not in the custody papers or there are no custody papers, you can claim your son and there’s nothing he can do.

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I think the fiance should claim her own little tax write offs and deductibles.

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Just make sure he can’t get ahold of ur sons social if he doesn’t have him at least half a year he shouldn’t be claiming him at all

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They are lying to you!!! He has no right to the tax money!!! NONE The child lives with YOU! Let them spend money on a lawyer to bring you to court they will lose.

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Whoever has the kid more than 50% of the year claims the kid unless you have a court order stated you must do every other year

That’s a lie hes with you 90% of the time. You claim him.

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Absolutely take him to court. He needs to pay child support, and YOU need the tax credit. Get everything all legal and proper, and then the girlfriend, whose business this ISN’T, can’t come at you for anything without legal consequences.

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In the first place that women is not married to your child’s dad. She has NO say about anything legally!!! You need to get an attorney; first to establish a legal visiting schedule (not him)! When you have an attorney, you have no reason to be afraid to go to court. Make sure that you get a good one. Sometimes legal services might help! Good luck, & blessings.

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Keep claiming him. Unless it’s court ordered he can not claim him unless the kid lives with him 6 months out of the year.

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He would have to have the child 50% of the time for that to even be an option.

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So he has the child what 20 days of the entire year wow father of the year. And if you did go to court show them the calendar that he gave you. More likely they will set his visitation just like he has it and if anything tell him to step up and it’s not his gf place to be in anything :roll_eyes:

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You can still claim your son for the head of household status, just not his exemption. It’s almost like splitting the tax benefits. He can only claim the exemption.

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I get paid over $ 126 per hour w0rking from home. I never th0ught l’d be able to do it but my colleague makes over $ 21569 a month doing this and she convinced me to try. The possibility with this is limitless.

M0re lnf0… https://Works274.netlify.app

 if it’s brought before a judge the judge will most likely order that you guys alternate years. That’s what happened to me and I’m in the same situation. He only gets my daughter every other weekend.

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If the cost of raising your child exceeds his father’s assistance and child lives in your home, you should legally be able to claim him. The IRS doesn’t care what divorce papers state. They care about proof of support. Keep good records!

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My friend and her ex had to alternate years. It was written that way in the papers

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If u go to court they will enforce a every other year thing if u have 50/50

Contact the friend of the court, they have the power, have your documentation ready, the girl friend has 0 say, and the ex has no grounds.

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They sound frustrating. I’d tell them that I’m still claiming him and they can take it up with the irs if they try to too, because it is federal fraud to claim dependants that they dont support. You keep record of all the visits, and have the calender that HE gave you as well. I admit that I don’t know much about the courts when it comes to taxes, but I know thwt every time I file taxes I’m asked if I have my kid at least 50% of the time. I’m also asked if they stay with another parent, if I put down no then I don’t qualify to claim said dependant. Hopefully thet would be enough to scare them off. And I wouldn’t agree to anything tax related in the court agreement. My b.d mom tried claiming her as well for 2 years. We told her she can deal with the Irs investigation because we have hwe over 50% of the time. She threw a tantrum, said she “works hard too and deserves it”, she’s “nice and even said happy birthday and happy Father’s day” and he didn’t, boo hoo. She literally hadn’t talked to her kid for months, until it was tax time. Since then we haven’t heard from her, it’s been over a year. She lives in the same town. I can’t stand part time parents that expect the benefits of a full time parent.

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If he does NOT have your son more than half the year, he is not entitled to the return!

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they are counting on your fear.

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Taxes go towards the person that has the child 6 months out of the year. If there is nothing in writing or any judgment stating he gets to claim him every other year he is shit out of luck

If you have your son more than 50% of the time, you are the one that is legally able to claim him.
I have a friend who went to court over this and the judge cited for her.

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The IRS rule is whoever has the child for more overnights per year and they will allow you to claim the child.

Most people alternate claiming the child on taxes. Be glad he’s still in his son’s life.

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Contact friend of the court they will settle it legally. He doesn’t get to call all the shots. Also typically who ever has physical custody gets to claim unless court says 50/50

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Get 100% custody with child support and supervised visitation because this lady sounds like she is very controlling and abusive and you might not want her alone with your kid. If he wanted to be in your child’s life he would be instead of just 24 hours at most, every other weekend as you described. It’s not good for you or your child to be treated like that.

Depends on what state you are in honestly. But in my state if dad pays child support and is current parents switch back and forth claiming the child.

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Don’t give in to their manipulative tactics. There’s nothing they can do about it. I definitely would not give in.

Google Legal aid in your state and ask them, it’s free!
Don’t let anyone bully you into anything.
:two_hearts:

Lawyer up & go to court … Typically courts will look at the last 3months - which parent the child has been with & base their decision on that time - you’ve got a couple *years under your belt - go for it …

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If he pays child support then I think its fair

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He doesn’t have him, he can’t claim him unless you allow it

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Would go to court for fiance’s bully interference also record this also written and verbal

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Do nothing. File your taxes and go on about your day. They can’t take you to court. Lol the irs handles that and they Hve to prove they had the kid more than 6 months. Sounds like they are really depending on you not knowing your rights.

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Court 100%. Let the court set the visitation times and the tax claims and all

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Honestly it’s whoever files first. But if you don’t want him filing, then you do need to go to court and ask them to grant that. If y’all have joint custody to where it’s equal rights you one week him one week then y’all would have to switch years of filing.

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The only thing I do each year is allow my Sons Dad to skip one month of child support payment…which is $600. That is our agreement…I think the child tax credit is like 2,000 per kid or something so I don’t really complain too much. If he is trying to claim the entire thing, let him know you will also claim him on your taxes and because he lives with you over 50% of the time, you will automatically receive the payment. He has to prove that he has his son more than 50% of the time…which he does not. And he would hear the exact same thing from court. Tell him and his Fiance to consult an attorney before they start coming up with bullshit out of their fat mouths lol

In order for him to claim the EIC on taxes, that kid must reside with him 6-months a year… Is he paying child support? Yes get you a lawyer and go to court with your tax Docs…

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Mother usually claim their children thru divorce whoever have the children the most but depends if it was discuss in court or not

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Take him to court. While your there as for support and full custody as well. If hes with you all time cept every other weekend, your ex is NOT entitled to claim him.

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If there is no court order and you have the child more than 50% of the time YOU claim the child. Do not let a man who only picks up his child when it’s convenient for HIM claim that baby. If he wants to take you to court, let him. You can force him into a schedule that you both agree on and decide who gets to claim the kid on taxes and when. Chances are he won’t do it because he knows it won’t be in his favor like he’s trying to bully you into now.

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Does he pay child support? Does he pay any bills? Does he provide anything for the child? Does he pay for the child’s healthcare?
If those answers are NO, why would you feel as though he should collect taxes for the child? He has absolutely no right to benefit financially from that child.

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Go to court. He can have your son on court ordered days agreed between the both of you (not her it’s not her child) or not at all. They will tell him how much child support he should be giving you and when if ever he can claim your child on his taxes. Put your foot down, it’d yours and his child, her wants and opinions is nothing to do with it and she needs to stay out, she can parent and control her own childs lives

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