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Can a father who pays child support be allowed to claim kids on his taxes?

My children's father just started paying child support this year. He doesnt do anything outside of paying child support for my kids. He doesnt come to visit and he calls occasionally. Should he be allowed to claim my kids on his taxes just because he pays child support?

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Asked by Krystle21 at 2:28 PM on Jan. 22, 2009 in General Parenting

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Answers (16)
  • it all depends on your agreement. My sons dad claimed him every other year and I had physical custody. He paid child support and seen my son once a year.

    Answer by Soniam301 at 2:31 PM on Jan. 22, 2009

  • My divorce was final the beginning of this montha dn in my divorce papers it says that I get to claim her on my taxes. If the two of you were never married then I dont see why he would get to claim them. YOU are the "caretaker" so you claim them.

    Answer by Anonymous at 2:32 PM on Jan. 22, 2009

  • like pp said it depends on your agreement. When my ex and I divorced we agreed that I would claim DD (now 6) and he would claim DD (5).

    Answer by bearandtreemom at 2:32 PM on Jan. 22, 2009

  • no not usually the child must live with them for atleast 6 months out of the year. If your child doesnt live with him then he has no right to claim him at all. Visiting doesnt count for living with him.

    Answer by Anonymous at 2:37 PM on Jan. 22, 2009

  • They do not have to live with him if it states in the divorce he is to claim them...
    My question to you is did you work in 2008? and what does your divorce say about the

    Answer by Dannee at 2:39 PM on Jan. 22, 2009

  • You are considered the primary caretaker therefore you receive the child support payments. There will be a section on his taxes that ask him if he pays child support and he will receive a deduction accordingly. If you both try to claim your kids you will get audited and he will be found to have been in the wrong and required to pay the government back the refund along with any penalties they add on.

    Answer by Richerise at 2:42 PM on Jan. 22, 2009

  • Yes I worked in 2008 and we were never married

    Answer by Krystle21 at 2:51 PM on Jan. 22, 2009

  • No, if you are the custodial parent, even if the custody agreement says he can claim the kids, you are the one who claims them. If he wants to claim them then you have to be willing to sign a form from the IRS waiving your right. Even if the agreement says he is to claim them the IRS will side with you. It is unfair for some cases. DH was supposed to claim SS, but his ex got to. Even though she makes more money and he still pays more CS than he should have to. And he cannot get any sort of deduction or anything for any of the support he puts towards SS, health care, daycare. Just another pro mom, anti dad fact.

    Answer by Anonymous at 3:04 PM on Jan. 22, 2009

  • Ok then you claim your will get a 1000.00 credit per child and if you earned under 34,000.00 or so... you also get EIC.....Earned Income Tax Credit...go to the IRS website..

    Answer by Dannee at 3:09 PM on Jan. 22, 2009

  • Anon above me...That is a violation of a court order and if anyone ever did that to my SO...
    I would see your ass in court...

    Answer by Dannee at 3:15 PM on Jan. 22, 2009

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