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Tanya | Do i have to let my child's father claim him on taxes? |
My son just turned 7 years old and for the first 5 years his father never took care of him, see him, or paid his court ordered child support and he still owes now. He has sent me an email saying i need to let him claim him because he pays child support now of $48 per week and he lets our son spend the night on friday nights after school. That's nothing compared to what I have to do and i also have 2 other children which totals to 3 all together and we pay for my husbands child from a former relationship. So really we support 4 children and my husband has never claimed his son and takes him more and pays way more. I don't see how this is all fair that i would have to let him claim when he doesn't do much for our son. He still owes about 5,000 is back support. I could see if we split custody and neither of us pay support to switch off,but not in this case. I have claimed him for the last 6 years. Will i get in trouble if i claim my son if he does it first? Thanks
Additional Details
* I HAVE CUSTODY |
 |
 
wartz
 |
The first return claiming the child will get him. Temporarily at least. So try to file first. Later, if two people claim the same child, IRS will have to sort it out. If the child is living with you, you are the one who will ultimately win. |
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seth j
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It depends on the divorce settlement and I am assuming there is one. If the child lives with you, then you claim him. If the father tries to claim him, the IRS will ask for a copy of a court settlement allowing him to claim the child. |
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Pengy
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He is not allowed to claim him only because he pays a measly $48 a week in support. If the child lives with you for 6 months plus 1 day a year you are the one that can claim him. No exceptions without a court order. If he claims him first and you are denied claiming file a complaint with the IRS for fraud. |
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Judy1
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Oh, wow, he pays a whole $48 a week? What a guy!!!!
Sorry, I couldn't resist. And NO you don't have to let him claim the child, unless there is a valid court order saying he can. Email him back and tell him that you intend to claim him.
If he files first and claims him, you won't be able to efile, you'll have to mail in your return, but you can claim the child. The IRS will ask for more info from both of you to substantiate your claim. Then his claim will be disallowed, and yours will stand, and he'll have to pay the
IRS back anything he got for claiming him. The custodial parent is entitled to the exemption. |
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alexnicoleR
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you could take it to court & not let him have custody but since you all split custody then no you dont have to let him claim it i mean he owes child support so technically you are the only one that should claim it |
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OFFICER SEXY PEACH
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NO, you don't have to let him do anything.
if he claims your son first,then you'll have to file your return by mail(not e-file)then the irs will put your refund on hold and if he gets a refund before you file the irs will send you both letters asking for proof of your rights to claim the child and when you prove you had the right,you'll get your refund and he'll pay whatever money he wasn't entitled to back plus penalties and interest.
by the way,if his social is flagged for tax offset you'll get his tax refund anyway. |
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Jss
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Only custodial parent can claim the child. Child support does not count.
Who can claim the child if the parents are divorced, separated or unmarried, read: http://taxipay.blogspot.com/2008/03/child-of-separated-or-divorced-parents.html |
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hooya
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let him claim him if he owes child support back pay if he does u claim yours and let him claim the 1 child and if he does owe backpay he wont get that money you will lmao got em |
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badkia78
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You don't have to let him claim your son. Yes he pays child support, but you provide most of the care for your son over through out the year. So no, don't let him claim him. And when he goes to claim you will get another check cause they are gonna snatch his income tax check right from him! |
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Micki
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First of all, what is in your current court order? If you've always claimed your son, then why are you so worried about it today? Per the IRS rules, if you provide more than 50% of the costs of raising this child, then you are entitled to the dependent deduction. Can you prove that you pay more than 50%? (Probably yes?) Just because your X is taking the child more doesn't mean diddlysquat! Pull your numbers together and get an accountant if you still have questions. Don't go to H&R - those people do taxes for 2 months - they are NOT experts. |
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