Babygirl
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Paying child support does not give him the right to claim her!!! She has lived with you and you and your husband support her so therefor you guys should claim her. It doesn't matter if he claimed her the year before or if he always claimed her it is this year that matters and she is with you so claim her and as far as small claims court sure he could take you there however he will be the one that looks like an idiot and you will walk away laughing at him. Do not let him intimidate you he has no right to claim her you do, listen to me on this one and claim her and ignore him he is in the wrong!!!!! |
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Wayne Z
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He is wrong. Just paying child support gives him absolutely no rights as far as tax exemptions are concerned.
The dependency exemption goes to custodial parent unless you agree to sign it over to him.
He can't (and won't) sue you for it. He is just trying to scare you.
Get your return done and claim both of your children. |
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laceysue
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honestly he cant do **** theres no paper saying yall have shared rights on who claims her my sister has it in writing through the courts that her n her babys dad share so every year it changes one year its her then the next its him and if she never would have done that hed never claim her since my sister has her like u do all the time so if he were to take you to court theyd laugh you have her fully and if you go ahead and claim her theres nothing they can do if he had her full time then id say yea he has the rights but thats only whats best when it comes to who can according to courts it who has full custody which is you and yall never set anything in stone (paperwork n courts) then he cant do **** so claim her aND tell him when he grows up and pays more n takes care of her more then he can talk good luck n tell him f off u need it more |
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mthrof4boyz
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He doesn't have the right to claim your child unless he provides and can prove 51% of her total support. Which if she lives with you you provide more than 51% support. I would not offer him anything. If he tries to claim your child after you already have the irs will reject his return. Child support only counts if it provides 51 % of the childs total support. |
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ejoninamar81
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your ex would have to prove he supports her for more than 6 months out of the year if you do your taxes at h&r block they have the forms you can sign to current huby claim her he would lose if he took you to court the child tax laws say that whoever whether it be grandparent or whoever supports them for more than 6 months and had the child under their roof for 6 months out of the year gets to claim the child call and talk to a tax lawyer or ask the person who you have do your taxes im pretty sure if he claimed her or took you to court he would loose!!!
you never signed anything saying he could claim her and your entitled to be able to claim her or her step dad whenever every year cause you or your husband supports her. |
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starrfyrre
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If he pays child support through a court order, and there is no reference to who can claim your child on taxes in the support order, legally he cannot claim the child without you signing a certain IRS form granting him permission. You are the custodial parent, and even if you didn't work and your current husband did, you still get to claim her.
My late ex-husband tried that the first year. Thought that by sending me a certified letter saying he was claiming one child and I could claim the other, covered him. I informed him that I had already filed my taxes claiming both children and without the signed form from me giving him permission he was out of luck. |
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dragynwinds
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As far as I know, the parent with custody of the child gets to make that decision. My best friend had an argument with her ex a couple years ago over that. He hadn't seen his daughter in the last two years and only sporadically paid child support. She filed her taxes claiming their daughter and so did he. She got a call asking if she gave her ex permission to claim their daughter, and she said no, and they stopped her ex's taxes and made him redo it. YOU have custody of your daughter, you have taken care of her all year, even if he pays child support or not. Your current husband could possibly claim her, but I think that's up to you. As for your ex - your choice, and since he claimed her last year, I don't think that's a choice he gets to make. |
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Max's Mom
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I divorced my husband, left with my 7 year old son. The divorce decree did not address the tax claiming issue. My x paid $510 a month for 11 years and did NOT get to claim our son ever. As for the Small Claims...let him try. He will most likely fail as the Divorce did not stipulate the tax claiming schedule. Good Luck. |
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jared k
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listen if you are the main provider and she live with you for more than 6MO a year then you get to claim her. just tell him that if he wants to be able to claim her he needs to house her at least 6mo a year. if you bolth do you can then both claim her according to the law. |
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clammy
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why does he need the money. and yeah i think he could but he'll probably lose badly. |
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sm
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he is wrong to do that but just you two dont start acting like children about this |
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loves christmas lights
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There are a few laws into play here.
By law, the home the child LIVES in for more than 6 months of the year is the only home who can claim them.
By law child support is not taxable to the payer, the person recieving the child support must pay taxes on that money.
Its not an option to sue in court. You broke the law by allowing him to do it before,
Its the laws and how not to get into trouble. He can say all he wants. It would cost him around 300.00 just to file, more to have you served, so I really doubt him needing money this badly hed invest in something that could take months to get into court, and he will talk to friends and family and can read the laws and find out hes wrong.
You can always gift him money when you get your return. You can have your husband adopt the child with the exs permission and then he wont have to pay any child support.
You kinda caused the problem even though you did not know that at the time, just try to be compassionate but do not break the law with taxes in the future!! |
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Lynn
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Last year by accident I claimed my daughter it was my ex husbands year to claim my son and daughter this was my year so I claimed my daughter again my decree says every other year but that before my son went to live with his dad how much trouble. Can I get in? |
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