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

Don’t let them do that to you and another thing make it clear to him to leave his girl out of it because the kid is yours and his not hers so its none of her business what goes on with the child or about the child

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They’re ignorant… They have NO right to claim him.

Why are you so afraid if court? Why do you let his fiancé dictate to you what you are going to do? You take him to court. Do it now!! You can shut that woman’s mouth by going to court. A judge will tell her flat out to shut her mouth, that she has no rights in this matter at all.

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She doesnt have rights to jack shit. Your kid is not her meal ticket. I would go to court to establish custody, absolutely. This sounds like it’ll get very messy if you dont

Whoever the child lives with most of the year( you) is who can legally claim him

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He has no right to that tax money. You have him more than 50%. He resides under your roof more than 50%.

But that is awful he is such a doosh.

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She has no rights as its not her son, Its between you and your ex. If you have your son most of the time and can prove it then he wont get what his fiancee is pushing him to get. Time to lawyer up and get things sorted once and for all.

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You should be claiming if the child is with you more than 50% of the time. If you let the other parent claim, there is a from you should be signing for the other parent to claim in that particular year.

You NEED to get to court ASAP!

AND if there’s no court order, & no support being paid, he has ZERO RIGHTS to claim him on taxes, as it’s for the parent that the child LIVES WITH 6+ months out of the year.

AND tell HER TO STAY IN HER LANE. She’s got NOTHING in yours sons interest.

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Theres no way I’d let them do that. No way!!

Custody arrangements should always be on paper through the courts. Even if it’s amicable.
You absolutely should be the primary caregiver and claim him every year unless the access schedule changes. You can have joint custody while still being the primary caregiver.
Get those documents, fill out the correct paperwork, and file with the court. You do not need a lawyer to do this.
Your ex can contest it, but with a documented calendar proving your schedule it will work in your favour.
However, this may set the ball rolling for him to ask for a different schedule so be prepared for that (equal time with both parents with minimal transition is proven best for children if it works for parents). You should also have documents for child support too.

Sweety he had no claim due to you being the Primary Custodial Parent. So go to court… he will be very sorry!

He’s messed up for dating someone who is looking to harm his kid. It says a lot about someone’s character if they’ll be with someone who doesn’t take care of their kid. He needs to sign away his rights if he’s going to be less than part time. Child support shouldn’t have anything to do with it. You have the kid the majority of the time. There’s no way the child support is covering more than what you are covering.

I wouldn’t take him to court. Federal law states you must have the child a total of 183 days in a year to claim him. You have him much more so he’s your dependent. You would have to agree for him to have that right. IF he takes you to court they will pressure you to let him. Don’t cave. Stand your ground with the gf. Keep conservation in text & on recordings. If she’s threatening you or your child file a petition with the court to restrict him from allowing her to be present at visitations & contacting you. Get a restraining order against her. Stay firm. She’s not your child’s mom as much as girlfriends &, wives want to be. She doesn’t have your responsibility, she doesn’t get your priveleges.

My mom, having sole custody and my dad having visitation, wouldn’t allow him to claim him on taxes because I lived with her

In my state you can’t claim a child on your taxes unless you have them 50% of the time or more AND pay child support. Look in to your state laws about it but from the sounds of it, they can threaten you all they want but have no leg to stand on.

Go to court. Get child support, visitation and taxes in a court order and be done with it.

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What are you scared of? Physical harm to you or stop coming to get your child? If so take legal action against him. I say if you are not getting any support then carry him to court. But you are the primary parent so you get to claim the child. Tell him when you do it next year, or tell him before tax time.

If he pays support he gets to claim him part of the time. Get to court.

Save the calendar he sent u that is your proof you have him more. Let him take u to court

It’s not about time, it’s about support. If dad is paying support he can climb him part of the time

Go to court get it in order and be done with him then he can’t change the weekends and $

Who ever has child the most claims taxes

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No set them both straight,Google it on tax laws and send it too her! Tell her your son is none of her business.

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And get a good attorney.

Use that calender of the years events he created against him in court

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People, every state/situation is different. I know of a father who did not have his kids 50% of the time & a judge ruled because he paid child support, he was entitled to claim children every other year. OP, you need to talk to a lawyer. Court is probably inevitable

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You dont have to take him nor do you have to give him any of your taxes nor do you have to let him claim the child. If he wants to take you to court let him just bring proof that you’ve had him 24/7 and document the times dad has him and brings him home. Don’t let his new woman bully you and don’t bully back also.

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Custodial parent claims kids on taxes…even if it’s joint custody.

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Depends on your state and laws on if you get to claim him every year or every other year when you go to court. With my oldest even tho her father pays child support I still get to claim her every year cause he only had her maybe five percent of the year.

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Who has primary custody has the legal right. Unless you sign a waiver for him to claim your child he has no right to if you’re the primary custodial parent if his pediatrician has your address as the child’s address he has no legal leg to stand on and you both can file and when IRS goes to look deeper into it you’ll win

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As long as u have the child for at least 6 mon out of the year and u pay for half or more of the caring for the child you can claim him. As long as u claim him first he can’t do nothing. Just make sure u claim ur taxes the MOMENT that ur aloud to. My sister in law has the same issues, and for a long time the dad claims the kids. (There’s 3 kids so they should split it but they can’t ever see eye to eye). As long as she claims the kids first, he can’t do anything. So she started filing first, like the day the irs makes it available.

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In my divorce with my ex he dos clam him every other year and it’s a pain I have him during the week and he’s with his dad every weekend

Technically if the child was not with him more than 6 months of the year he cannot claim him.

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If he pays child support he should be able to claim the child every other year! I’m most cases these days people use there children as a money bank or leverage it’s Rediculous

NOPE! If you don’t have a 50/50 SHARED custody COURT ORDER the Parent whom the child lives with is LEGALLY PRIVILEGED to claim the child. Save the calendar He sent you and tell his Bitch to stay in HER LANE, walking in front of a Judge she WILL be told to have a SEAT, the Judge will only want to speak to the PARENTS of said child.

You mentioned nothing about child support. Does he pay? If he does pay it’s through the courts. Regardless of how often he has him you have to alternate years on taxes. If you have nothing through the court ordered he has no rights. Let them take you to court. It’s just threats until they do it. It costs money for lawyers and court costs as well.

Nothing is black and white in this world now. I used to believe in justice system but now days you have no idea of what is going to happen. Nothing is objective, just partisan. No trust in system. We are living in an entitled system. Not many people want to work anymore.

Court won’t do anything. Take it up with the irs

seek advice from a professional. then decide

weekend Dad want compensation for every other weekend, he needs to get a real job and not usr his kids as ponds for money, that is not. Dad needs to get a real job

Does he pay child support? As long as my children father is up to par on child support I let him claim every other year! If he owes me in child support I claim!

Ha! Let him take it to court. All that fiance sees is dollar signs. He might get stuck paying child support and have to have an actual schedule that doesnt fit with his current one. Be prepared though for the judge to make you set up a custody agreement in addition to who can claim and when. I would go through the court anyway, because if she wants the money now and they’re not married yet, what else is she gonna want later on down the road… I would tell him no deal since, that you have primary placement as hes with you 90% of the time, and he doesn’t make him a priority. If he doesn’t like it, he can take you to court. My guess is they’re just seeing how far they can push you.

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Save your money honey the courts will let him claim him half the time

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I would tell her no unless they want to help u every week

Yes you shld go to court you provide for him and honestly until there is a court order you have legal soul custody and can file your taxes wit your son even if he already did and he will get his amended and will have to pay it all back cuz until it’s a legal court order by a judge you get to claim him in the eyes of irs

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Unless court papers say he can claim him every other year he can’t. If he says he is going to go to court to have it changed say fine I will just ask for a raise in the child support at the same time

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Legally, per the IRS, you have to have the child more than 6 months in a year in order to claim them on your taxes. Every other weekend doesn’t even reach half. With or without child support.

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Unless he can prove he lives with him more than half the year. The IRS doesn’t care. You claim him accordingly. Went through this.

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Yes go to court. He shouldn’t be allowed to claim him if you have him all the time. He would look foolish taking you too court if you can show that he only wants him certain times

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Yeah, go to court. If you have your kid the majority of the time, you’re the one financially supporting your child so you should get the money. If he barely sees his kid and doesn’t pay CS, he doesn’t have a leg to stand on. And his fiancee needs to learn her place. Any conversations regarding your son are between you and your ex.

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I have primary care and joint custody in Ontario, I claim both kids every year. Their dad has them every weekend according to court order, the judge will likely order he pay support to you for your son so it wont do his finances any good. The only time I’ve ever heard of parents sharing tax claiming, is when custody is actually 50 50. Having them on weekends, especially only when its convenient for him and his fiance isnt going to do him any favors either likely.

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According to the tax laws the one who has the child more than 51% of the time is the one who should claim him.

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Usually each parent claims every other year, if he’s paying his child support. I guess it depends on your state.

There’s no need to go to court. Claim him on your taxes. If dad claims him contact the irs. If he doesn’t have him at least 50% of the time that’s tax fraud

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I would go to court so that way everything is in writing and you can brush his ass off your shoulders they way you know you have your bases covered

Talk to a lawyer that specializes in child custody issues. Some lawyers offer free consultations. Check internet and yellow pages. Good luck!

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Good luck with it all. :+1:

If you let him that’s tax fraud if you have him most of the time. They trying to scare you.

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IF he pays child support and he has him equal to half a year he can claim him. I went through it too

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She has no business in your relationship with your babies dad. Fight him for the taxes you deserve it Good luck.

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What tax money?!!! I have 2 kids and have not received any “tax” money! I guess me and my husband are paying taxes for someone else’s kids when I’m working 2 jobs to support mine :rage:! That needs to stop!

I don’t no were you are situated but I would strongly suggest to get some legal advice about your situation with your ex & his fiance bullying you, just so you have a legal understanding of what you can & can’t do & what is expected of your ex & his fiance, cause from what you’ve said it seems to be all about the fiance wishes/demands & terms then it is about your ex & your son. I wish you well in what ever you choose to do…

By all means take him to court

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Take it to court sis

SHE has no rights period! If he doesn’t pay child support…he has no rights to claim taxes either

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Go to court and take his work schedule with you. Also, the new wife has no say in anything about your child.

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If you have him for more than 6 months of the year I don’t think there is anything legally they can do unless a judge orders it.

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You can claim him too. And if he does also. Then irs will ask you guys for proof who is he with most of the Time. It will delay the taxes though. I know they go off of school and doctor records… ( who’s address is on file) and any court orders explains parenting time

I would say just go to court, get it over with then you have a order in place for future issues as well.

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File first. Then he can’t claim him…

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According to tax laws, if the child lives with you more than 6 months out of the year, you claim him unless there is a court order stating otherwise.

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Claim that baby!! And his new gf is trying to push her agenda. Nah bish can kick rocks.

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Does he pay child support? My ex was order to pay child support and visitation every other weekend and 1 day during the week or everything week. Every odd year was his and even was mine UNLESS he was behind in child support so she is now almost 19 and has never claim her.

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Go to court the judge will mandate child support , medical insurance, half of child care and strict visitation that he will have to follow (every other weekend) depending on how much he pays y’all might alternate claiming the child on taxes. Once fiancé becomes wife they will add her income in for child support so be sure to go back to court when they get married

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If no court papers Stating about the taxes, it’s whoever files first on n.c my son went to court & they rotate every other year. They are suppose to have a 2/2/5 but the mother moved out of town so already in contempt of court. Child lives here w her dad full time. Neither parent pays support they meet the needs when each have the child. Only she doesn’t. Has none of her kids but claims the taxes.

Talk to your attorney.

It’s certainly not the place here to get information. With such a small bit of your story you will get misguided, misled and mistaken. You know where to take the question. Don’t complicate things by asking a bunch of people like us who don’t really have a clue. :blush:

He can only claim additional tax credit. He can not claim the EIC if he has amend your taxes and claim your son. The EIC is for the home the child is in.

No you claim your son on your taxes. If he ever does you can call internal revenue tell them what happen they will send you the money and then next year they will take it from his taxes.

He is to never carry the child on his tax return.

Get legal advise and yes, get it approved by the court so they can’t do what they want. People usually try push for what they want and hope you’ll do it, so research and learn as mich as you can about everything related to parental rights etc.
Stand your ground and don’t ever do what your gut tells you not to.

In my area, the child has to live with the parent full time for 6 months before being claimed. He can’t legally claim him on taxes.

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Go to court . Im not sure if you have ways to report a fraudulent tax claim. If you do report it immediately if he claims . If she says she’s going to start a court fight just reply yeah that’s cool , see you there. She should be minding her own business

Go see a lawyer. Never mind Facebook or the gf, she’s just being a greedy bit*h thinking she has a right to claiming anything for that child. NO NO NO, she don’t got a single leg to stand on. Go make your claim ASAP.

My son only gets the kids two months out of the year and the court says he can claim them every other year

File ur taxes before him his will get rejected and he will have to prove he had him over half the year.
Make him take you to court.
Let him pay all the court cost.
I just went through this last year

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Just claim him first… simple as that. As long as you have him for over half the year you are entitled to it :+1:t3:

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He is entitled every other year as long as he’s caught up on support. However make him go get a court order for it. Don’t just let him do it until the judge says you have to.

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Legally you can only claim a child if they reside with you at least 6 months out of the year (in Florida at least but I’m sure it’s similar in other places… the only other case is when the agreement has been made in court based off of custody arrangements. I wouldn’t forget to express in court that he had no interest in claiming until being encouraged by his fiance

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If you have no legal order in place that he gets to claim him and he doesn’t have him 50% of the time. He has no legal right to claim him. The IRS has rules about how often and how much support they have to provide to the child for child tax credit.

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Let him clam chid support and you clam child

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If he doesn’t have y’all’s child 6 months out of the year, he cannot legally claim him. If y’all don’t have a written agreement in place saying he is to claim y’all’s child every other year, he cannot legally claim him. Period. Research, research, research. Don’t let them run you over mama! File for him first and if they wanna try to claim him after the fact they’ll get audited :woman_shrugging:t2:

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Oh you goin to.court sis, document everything just like you did here…a calendar with their conviences i mean you got more gold like that you will get what you want from this and your kid deserves a fair situation

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