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Can he claim our son?

My baby daddy lived out of state for 6 months and didnt see our son, didnt pay child support. He moved back to "be with him" but still didnt see him until I brought up child support (now he wants him..). I still havent received child support, so he owes backpay. When we were together we agreed that we would claim him every other year on our tax refund. He told me to claim him every year because I paid for his insurance and Dr. bills. Now he claimed him and I cant. I heard if he owes backpay he cant claim him.

Answer Question

Asked by MBsMom2004 at 10:19 AM on Jan. 28, 2009 in Money & Work

Level 1 (3 Credits)
Answers (9)
  • he can't claim him unless he lived with him. Its illegal. You should go ahead and claim in and then the IRS should catch that he claiimed him also and should go after him for falsely claiming the child.

    Answer by JennStarc at 10:22 AM on Jan. 28, 2009

  • Also, if he owes back CS they will just take it from his return. Just file he will get busted.

    Answer by Anonymous at 10:28 AM on Jan. 28, 2009

  • Its not illegal, only if it's in writing( a court order) that you claim him every year, otherwise it's whoever puts him on their tax forms first..... My ex and I have it in wiritng that he claims one and I claim the other....
    I would seek the advice of an attormey...

    Answer by Anonymous at 10:29 AM on Jan. 28, 2009

  • No it's not illegal...because if it set up by the court that he get to claim him every other year then that still stands whether he lived with him or not. My sister has been going through the exact situation and my tax preparer told me that in order for you to try to claim him it will be a matter of how gets their taxes turned in first. The person that gets it to the irs first is the one who gets the money. Yes the irs may get involved but you could let them know the situation and they would not let him claim him. By the way the irs will not know that he was not supposed to claim would they know??? they dont have the court doc. So they won't catch it. If he has already turned in his taxes and claimed him I would take this info to the court in w2hich case you could prove that he is not sticking to the court order persay.

    Answer by Anonymous at 10:29 AM on Jan. 28, 2009

  • He legally cannot claim him. The child doesn't live with him, and he isn't paying at least 50% of his expenses. You claim him. I would even consider calling the IRS and telling them what he's done, so that they will be sure to catch it. I'm not sure who exactly you would call, maybe check the website ( and see if it gives you any guidance as to who you could contact.

    Answer by tropicalmama at 10:29 AM on Jan. 28, 2009

  • did you have a court order that you would take turns claiming him? if not then he can't claim him as he didnt provide half of his support....if he already claimed him you could take him to court....also do you have an agreement for child support? if not you need to file one dating back to the day he was born and then he will owe you the money....

    Answer by DaraMichelle at 11:16 AM on Jan. 28, 2009

  • If there is no written agreement or court order, he CANNOT claim him. In order to claim someone as a dependent, you have to have provided over 50% of their living expenses. Since he did not have custody and didn't pay child support, he has no legal right to claim him. Even if there is a legal document stating that he can claim him every other year, I would challenge it since he has provided no support.

    Answer by motherofhope98 at 12:13 PM on Jan. 28, 2009

  • i worked for jackson hewitt for 5 years as a manager hun- If he's behind in taxes they'll take it right out of his tax return-
    1. file your taxes claiming your son- irs will then ask dad to provide proof- that he wont be able to do- and you will get all benifits from claiming him-
    2. you'll receive your refund- plus your ex will get fined for trying to pull a fast one-
    3. your ex will not be able to file a dependent for 10 yrs due to pissing off the irs with trying to puill a fast one!!!
    i think as women we need to take a stand against these a hole men of ours- who think they can make a baby and then run from the responsibility's- GET EM GIRL!!
    mess. me if you need to talk about this!

    Answer by KITTYLITTLES at 2:20 PM on Jan. 28, 2009

  • I would say claim him, once the social pops up twice in the IRS system they will do an audit. If you are the primary care giver and he hasn't paid child support then he can't legally claim him. The IRS will take this all into consideration. They should grant you the credit and put a lein on him to repay what they gave him.

    Answer by sidzwif at 2:52 PM on Jan. 28, 2009

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