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If the dad is paying child support, am I required to allow him to claim them every other year?

I have 2 sons and their dad has not done a DAMN thing for them. Not even when we lived together. In the last year we have been apart he has only seen them on Sundays for 10 hours. He doesnt call them or anything. He doesnt pay child support and I am thinking about taking him to court. I dont want to give him the priveledge of claiming them or one every other year since i have done this alone forever now. Maybe thats selfish but I use the money I get to take my kids somewhere nice and go all out on them and I KNOW he will not spend a DIME on them, only buy car parts or dumb shit.

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Anonymous

Asked by Anonymous at 6:22 PM on Jun. 23, 2009 in Relationships

Answers (8)
  • Absolutely not. He has to have custody of them for at least 6 mos out of the year in order to claim them on his taxes
    TheDiva320

    Answer by TheDiva320 at 6:25 PM on Jun. 23, 2009

  • Good question. I don't THINK so as long as you are still their sole guardian. But not 100% sure.
    Anonymous

    Answer by Anonymous at 6:25 PM on Jun. 23, 2009

  • If you are the sole managing conservator he does NOT get to claim the children on taxes nor can he claim what he has paid in child support. That is how it is in Texas. The parent that has custody gets to claim the child for taxes.
    lilbit022009

    Answer by lilbit022009 at 6:27 PM on Jun. 23, 2009

  • The ONLY way he'll be able to claim them on his taxes is if you agree in writing that he can. Otherwise, if he doesn't have custody of them (not including visits) for 6 mos out of the year, he can't claim them, and if he does he'll be penalized.
    TheDiva320

    Answer by TheDiva320 at 6:27 PM on Jun. 23, 2009

  • If you don't have any court papers stating who's gets them on what year. It comes down to who files them first. And Yes they are suppose to live with the person atleast 6 months in order to file for earned income.( IRS will not get into this they will just go with who files first if there is NO court papers.. had this happen) But your best bet would be to get paper work in your favor. good luck
    Shaqbe4u

    Answer by Shaqbe4u at 6:32 PM on Jun. 23, 2009

  • No. They have to live with him at least half the time for him to be able to claim them or have it written into the court papers. While it does depend on who files first, if you both claim them you will both be audited and he will have to pay that money back.
    Chandra034

    Answer by Chandra034 at 6:47 PM on Jun. 23, 2009

  • chandra034.....You are right I asked IRS about this and they told me that if the kids are living with me I file and if he does he will have to pay the money back.

    heavenlypeace

    Answer by heavenlypeace at 9:07 PM on Jun. 23, 2009

  • I know. My ex tried, lol =)
    Chandra034

    Answer by Chandra034 at 11:09 PM on Jun. 23, 2009

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