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Who is allowed to claim my child besides me or my ex?

My son just recently was placed in a joint custody agreement w/his father & I; my son's father's girlfriend claimed him on her taxes this year. I did not agree to this. I was supposed to claim him on 2008's taxes according to our paper work. I may have even agreed to let his father claim him but, they did this & in the mean time would by pass any back cs that would go to me. What is truly legal here?

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Asked by bearcubs22009 at 1:54 PM on Feb. 15, 2009 in Adult Children (18+)

Level 1 (0 Credits)
Answers (16)
  • Report her to the IRS. Technically anyone can claim anyone if they know their social security number. What does your ex say about this?

    Answer by feesharose at 1:57 PM on Feb. 15, 2009

  • If your papers say you can claim him, then call the IRS and report her. She can get in trouble for claiming him anyways because she has no legal rights. What she did is tax fraud.

    Answer by matthewscandi at 1:59 PM on Feb. 15, 2009

  • I would call the IRS and ask but not give any personal information in case it's a bigger can of worms than you want opened.

    Answer by goaliemom93 at 2:00 PM on Feb. 15, 2009

  • Report her ass. She is claiming something that she should not be able to. If the agreement is between you and your ex then she should have nothing to do with your son at all especially when it comes to taxes. He is your child and you need to claim him.

    Answer by ReneeLRS at 2:05 PM on Feb. 15, 2009

  • If you have paperwork stating that you are to claim him you will have to mail your taxes along with the paperwork stating that in. She will get in a butt load of trouble when they figure it out.

    Answer by ZaTa at 3:31 PM on Feb. 15, 2009

  • If you have paperwork saying you should claim him I would report it to the IRS. Also the only person who can claim your child is you or your ex. His girlfriend has no legal right to claim YOUR son.

    Answer by Anonymous at 5:31 PM on Feb. 15, 2009

  • i support my adult brother in law and i claim him. if you support someone more than 50% of the year, you may claim them, so do it. one year my ex and i each claimed the kids, and the irs sent us each a letter asking about it. i let them know i have 85% custody, and they altered my ex's taxes. (the big cheater). if your adult child supports themselves, they claim themselves and neither you nor dad (or the new squeeze) can claim them. good luck!

    Answer by vickiathome at 6:10 PM on Feb. 15, 2009


    Answer by mommymeg03 at 6:55 PM on Feb. 15, 2009

  • If your paperwork says that this was your year, do paper filing and mail the agreement with it. They will get in big trouble.

    Answer by heatherann0221 at 10:30 PM on Feb. 15, 2009

  • The IRS usually doesn't like getting involved and they told my dd that whoever claims the dependent first, gets the refund. They think you should go to court and file a lawsuit to get the money returned to you. I would call and see if that changed now. Did the gf provide for him in 2008? Is he a minor?

    Answer by admckenzie at 6:03 PM on Feb. 16, 2009

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