At this point I’m not sure a 5th dependent or half the child tax credit would be worth your entire return getting held up if she has already filed claiming him. Yes I would say it is your right and you would win that fight with the irs since he has been with you if it’s worth the drama. I would definitely get this resolved for next year.
1 Like
If he lives with you then the financial responsibility is yours as you take care of him…of course you should claim him.She shouldnt have gotten ANY stimulus money for him at all.She knew that.I say claim him and let her deal with the consequences of claiming him and jeeping stimulus money that wasn’t hers.
Defnetly do she had no problem doing it your caring for him so go for it and stuff what she thinks
So he lived with you half of 2020, he continued to pay child support, transportation & she got the CTC? Your husband is letting her profit from his son. He should claim his son. He should file for custody & child support also. Provide proof that he was with you. School records might suffice since you live in different states. If child support wasn’t cancelled officially then it’s accumulating. She can take him to court for it. (she may not win but it’ll be a hassle). If she takes her son back & files for state assistance they will go after your husband for back pay even though he has been living with you. Always make changes official to protect yourself.
1 Like
Absolutely claim him
You claim him. Get your proof that he has lived with you for 12 months. He wasn’t at his ex wife’s. She knows that and knew how to opt out for the ctc. If a child lives with you more than half the year you claim. We are in this situation with my husband’s ex. But we can prove that for 12 months he has lived with us the divorce agreement went out the door. According to my husband’s lawyer. We don’t get child support and he has always had sole physical custody. Legal joint. She only has him during summer. Well the last 2 summers she hasn’t taken him. He goes to his moms family almost every time asked. But he has not talked to her in 2 years.
Check with your tax person then can do the math and tell what the difference would be to see if it’s worth a fight.
1 Like
The child lived with you then you claim him. If she attempts to claim him you let the IRS know since that is illegal on her part
2 Likes
I would consult an expert for advice. I would not want to get my taxes to get held up
It isn’t about drama. If she doesn’t cover at least 50% of his yearly expenses, she legally cannot claim him. 
4 Likes
Legally he is yours to claim. However, as a 5th child, it won’t help your return much. If she can claim him and use that money for plane tickets, it would probably benefit your son to be able to continue a relationship ship with his mother. Talk to her and tell her that the money needs to be used solely for him to be able to visit her, otherwise you will claim him.
2 Likes
If he’s been with you for more than 6 mos you are able to claim him. Tell her you did so she doesn’t.
1 Like
Yes, and do it now before she does. If and when she tries to claim him, they will flag her since he’s already been claimed.
The law states a child can be claimed by the parent whom the child has lived with for 6 months, unless otherwise ordered by a court.
She legally can’t claim him because he didn’t reside with her at least 50% of the year.
1 Like
Yes claim him. She can’t claim a child who does not live with her.
Technically the right answer would be you would claim him as he lived with you, morally and who would benefit would be her because a 5th child doesn’t do anything to your return unless you are claiming long form and child care expenses as well. We have 5 kids and it maxs out at 4 so the 5th doesn’t make a difference also we don’t file long form…. If she has no kids to claim and you don’t want ther to pay all that money back I would let her claim him since it won’t help you any… you can have the tax people check but I doubt it will make a difference unless you really make a lot of money. The correct legal answer is claim him tho since he lived with you.
2 Likes
Yes you guys should be claiming him. Her problems are not yours and sounds to me that she doesnt mind not having her son and just wants all the money she can get out of the government for him. Which is wrong.
1 Like
At this point I think it’s just what you want to do. As a 5th child I don’t think it will make much of a difference on your return. Check with your accountant to be sure.
The law says he’s yours to claim. Period.
She has had a year and a half to think this through. Not your problem
He lives with you full time then yes you need to claim him.
Husband should be claiming him. Legally child is suppose to be living with the parents who claims him. Unless court ordered to alternate. He shouldn’t of allowed her to claim his son all those times previously. And he should be claiming him now. She can get mad all she wants, but by law, he’s yours/husbands to claim.
If you had him, claim him
He’s not living with her so is falsely claiming for him. School holidays are not 50/5 and if you’re fronting all costs while he’s with you then she should do the same when he’s with her but the predominant parent should be the one claiming
1 Like
Sounds like my ex, wanted the money but not the kid… and giving her her way, won’t help the situation… let her bitch, she’ll stop eventually
You only claim kids you supported throughout the year, if she didn’t help… she isn’t entitled to any.
How sad though to only think of your child as a tax return 
6 Likes
She can’t claim him, without lying. The Children have to live with you for 6 months out of the year in order to be claimed on taxes.
1 Like
By law you guys should be claiming him. She did wrong so I wouldnt worry about her facing the consequences. Claiming him this year will take longer to get your return back because it will automatically be audited. I would call the IRS and get guidance from them. You will just have to prove that he lives with you, and school records can prove that.
Good luck.
She can’t legally claim him. So I would claim him and do it before she does. She should have opted out of the child tax credit since she didn’t have him and didn’t want to owe anything. You guys are not responsible for a full grown adult woman.
4 Likes
Even if she tries to claim him, the credit will go to whomever has had him for the majority of time this last year.
And make sure if the cs is court ordered, you go and get it stopped and have proof that he has lived with you
Claim him. That’s not your problem if she’s broke and legally it’s who has him more than 50% of the year claims him.
1 Like
Yes u should claim him. Do not let her commit Fraud by filling on him. If he’s been with u n dad for a year or more than u have the right to claim him
2 Likes
Claim him but be ready to show proof that he lives with you
yup. there right. the mother isn’t your problem
1 Like
If he was with you for 6 or more month out of the year you claim him i
2 Likes
The child has to live with you 6months or more out of the year. If you file and do everything first and even get the money back there’s nothing she can do. Just be on top of the timing. Make sure you do it first. Otherwise it will be a long drawn out thing and neither party will get refund until all audits and stuff are completed.
1 Like
She would be in the wrong
Claim him
1 Like
If she starts drama just tell her hey in sorry my tax lady informed us that we had to and could get in trouble for not doing so
2 Likes
Yes he lives with u absolutely claim him
2 Likes
100% yes you should claim him
1 Like
If he lived with you for more than 6 months then yes and Even if she does get taxes first she will have to give the money back one you prove to the IRS that he was with you
3 Likes
Yes claim him, she isn’t your problem
4 Likes
He needs to get back into court and get things settled legally. None of us know the nitty gritty of the legal documents currently in place.
3 Likes
By law it’s who he lives with, you said he lives with y’all so there’s you answer
1 Like
Hell yes y’all claim him. He’s living with y’all full time. It’s y’all’s right ever since he hit that six month mark!and put her ass on child support since he’s been living with y’all! It’s only fair!!!
Of course you should, he is living with you. If it causes a problem for her, her fault, not yours
Absolutely, claim him. You have every right since you have supported this child and their living expenses for more than 6 months in your own house for the year. If two parents claim the same child, the IRS will give the claim to the parent(s) with the higher AGI (adjusted gross income) between the two. But I would make sure your court and legal documents are updated as far as the situation goes with this child and the mother. Cover your own ass and record it all.
He lives with you, you should claim him. That simple.
Whoever the child lives with 50% of the time or more claims them. So absolutely not his mother…take this to court if you need to, that woman is not your problem
3 Likes
Yes and if you have proof that he has lived there all year and especially if it was your year to claim them then yes I would go head and claim em it’s not your fault if they wanna start drama but I would have him go to court to have the court agreement changed
2 Likes
I would give her last year but send her a certified letter that states you will be claiming him from now on
You should definitely claim him. It wouldn’t be fair if she did
GO BACK TO COURT nothing you agree to that doesn’t envolve a judge is not legal. Make sure YOU are in the right. I’m telling you from experience if you don’t do it correctly in a court this could end up costing you and your husband a fortune.
4 Likes
Claim him, but be prepared for a delay in your tax return if she claims him too while they sort their shit out. If you can prove that he has lived with you for half the year, you should be golden. But I would advise speaking to a tax professional before you file. As for the child support, unless it’s court ordered you don’t have to pay a dime, especially if he’s living with you. If it’s court ordered though, I would go back to court to have it amended to reflect his current living situation. You might find that she is the one that has to pay your husband. But don’t hold your breath on that money. She seems flaky, and if she’s flaky and living with 3 “roommates” she might not be financially able to pay the same amount that your husband has been paying. Just keep all receipts. Clothing receipts, the ticket you paid for him to go visit her, ect.
Legally if he is in your home you have to be the one to claim him. Period.
4 Likes
Short answer, yes. Claim him.
1 Like
Coparenting is a hard thing. For me, if I could get by without claiming him this year I would let her claim him with a very stern warning that next year and thereafter you would be claiming him. It’s not a question of logics, but a question of the child and how it will play out. And yes forsure, go back to court and make sure to get everything legal, otherwise she can come back at you with what is in the legal documents now.
He is at the age, he can decide whom he wants to live with. But I will say, if you had him for 3 months straight or more your husband shouldn’t have had to pay child support at all
Just do your taxes really early Than text her say you already claimed him or call her
Was there ever any paperwork/orders filed???
1 Like
He should claim him but he shouldn’t have stopped paying support with out going to court. He could end up paying all the back support.
2 Likes
If there’s a court order on who claims him then legally speaking, you need to go by what the court order says. If there’s no court order then you claim him since he’s been with you and you can prove his residency with his schol records. It might get her into trouble but that not you or your SO’s problem. Also, if there’s an order for child support for him then he needs to continue paying until he takes her back to court to update the custody. You can’t just stop paying because things changed and still need to go through the courts to make it all legal.
I completely understand everyone saying to claim him that his mom is not your problem. And I agree. If mom actually went through the IRS criteria to claim a dependent, she would see she doesn’t’ meet the criteria to claim him. Unfortunately for a lot of people, that doesn’t matter.
I also understand that you want to try and keep some peace with his mom and for the child’s sake I admire that. If it was me- I would have dad have a conversation with the mom, and explain that you will be claiming him. I’m sure you aren’t trying to get her in trouble with the IRS and if she fraudulently claims him after you have rightfully claimed him, she could potentially have more issues than owing more money in taxes
2 Likes
Hopefully y’all went through the chains to stop the child support due to if y’all just stopped paying your husband is gonna owe lots of child support.
Yes he’s lived with you full time it is your right to claim him as long as y’all have the physical proof of him living full time then it’ll be her fault for taking the child tax credits and everything knowing she doesn’t have him
1 Like
Legally, you physically had him the entire year so you can claim him, but, you have four other children so claiming him isn’t really going to give you any additional money on the return. It’s up to you, but you could let the mom claim him even though you don’t have to.
Get proper legal help
1 Like
Look I’m in a similar situation. The father doesn’t pay for shit. Hell no he ain’t claiming my kid at no point in time. I provide everything and need that money to continue to do so. It came out my job and my taxes so my pocket. Why the hell would I randomly pay him a lump some for not doing shit. That’s like me paying u money to be a lazy dad. My taxes andy time means my baby’s money goes where she will be cared for. Not for her daddy and his new girlfriend to live luxuriously on my dime. Buying fucking cars but won’t take her to the doctor without gas money. Plz with that BS
Yes claim him she could have opted out of the stimulus at any point
all she has to say is no he can try to fight her for it but if she files her taxes before these people do then they will audit the people as soon as it’s put in because they will know they did not have permission to file for that child
Yes because he’s live with you for most year
Hes in your custody under your roof your providing an taking care of him and that alone should be enough for you an his father to claim him. While under the mothers care i can understand but hes in yours now
I was told who ever the child lived with most of the year and provided health insurance, claims that child
I would have my husband claim him. He is staying with you guys full time not his mother.
I can’t believe u are dumb enough to come to facebook for legal advice
1 Like
If he staying with yall you damn right claim him
You have him. Claim him
1 Like
You are very considerate you’ll do the right thing
Absolutely ! You are supporting him. You also need to go back to court and have things changed if there are such agreements.
3 Likes
Once you have 3 kids you hit the cap for getting money back anything after 3 kids you won’t receive any additional money. If you claimed him it would be just for the heck of it/out of spite and would cause drama and personally not worth it. We are going threw the same and chose to let my bonus baby’s mom continue to get her on taxes because I have 3 kids my bonus baby makes 4. 
I personally think it’s a pick your battles scenario.
9 Likes
Yes, did he live with you ?? Then, YES you should
Drama is irrelevant if you can prove he lived with you at least 6 months out of the year. He’s y’all’s to claim.
1 Like
Talk to a lawyer and a tax person. But my guess is that since he’s lived with you for the year, he’s yours to claim.
1 Like
Some get confused, she is a grown woman who has a wonderful child’s father. IF she is unable to care for herself then it should not even be an issue as to why he could claim him. These kids were not made to just try and get a check. Also if everything is through the court then they should have documentation of the child support ceasing because the child has been in your care. Claim your children and let her work her own situation.
2 Likes
You only usually get money back for 3 anyway (I dont know about this year since things have changed) so I wouldnt see the harm in letting her claim. But thats just me. You can go online to a tax refund calculator and enter all the info and do it once with him and once without. See if your estimated refund changes.
2 Likes
You two have had him for more than half the year. Your husband should claim him. If it comes back that she also claimed him then your husband can file all the proof that the child lived with you all for more than half the year. I know you said he doesn’t want to get his ex in trouble but she isn’t contributing to raising the kid so she shouldn’t be claiming him on taxes. If he keeps just letting it go she will continue to claim him.
1 Like
Yes you should claim him he lived with you
4 Likes
Umm you had him more than six months out of last year you def claim him if she claims him thats fraud or whatever word you want to use
2 Likes
If a child lives more than 6 months with you, then you can claim him or her.
The mother is dirt poor. Maybe by her own choices. Not the kids fault. He needs to see his mom… and both parents need to help
2 Likes
Wherever the child lived is who claims them.
2 Likes
It’s not your problem. Claim him.
Yes, you need to claim him. This year the new tax law is in effect… ALL CHILDREN UNDER THE AGE OF 18 SHOULD BE CLAIM AS they will give you 3000 to 3600 for each child.
If he lives with u more strength 6 months out the year or have court documents saying otherwise u can claim him. If yall both claim him it will put both yall and her at audit status until one of u can prove he lived with u majority of the year being a note from the court,his dr,or the school he attended with the address used to go to that school.
2 Likes
My view is the same as above, with 5 kids he will just be a wash so just let her claim him and avoid any of the drama
1 Like
Yes you should claim him.
1 Like
Definitely. She should have planned accordingly and responsibly seeing as how she’s not financially responsible for him anymore.
Definitely claim him and be prepared to have an IRS audit ask your tax prep person which documents to prove he has been with you full time(usually school records, doctors affidavits or extracurricular activities) . It helps your case and even in some times you can get back tax credits depending on how good your tax person is and your state. I wish you the best of luck and success. Raising kids is no easy task and then add co parenting it can be challenging. Wish you all the best and hope it turns out in your favor.
If he is with you claim him
1 Like