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If my sons father and I aren't married who can claim him on taxes

I live in arizona, never married, we both have him pretty much equal amounts of time.

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Asked by pixiestixz2626 at 3:45 AM on Jan. 24, 2010 in Money & Work

Level 1 (0 Credits)
Answers (10)
  • Who has custody of him? Do you have a court order stating this?

    Answer by ronjwake at 3:47 AM on Jan. 24, 2010

  • My parents had two kids, and my mom claimed my sister, and my dad claimed me, they said thats what they decided in court.

    Answer by Jessica1991 at 3:49 AM on Jan. 24, 2010

  • If you live together only one of you can, i would have the older one of you who makes the most do that because it is a bigger tax deduction.

    Answer by truealaskanmom at 4:03 AM on Jan. 24, 2010

  • Whomever provides the most support. I think you can work it out so that one claims him one year, and then the other the next year.

    Answer by tishalb at 4:04 AM on Jan. 24, 2010

  • According to the IRS(i had this similar incident) it's the parent who the child is with most. In other words if you total up the days spent with your child and they are more by even a day, you get to claim him. My parents had my oldest for a while and when he came back here, I got to claim him because i made it by two days. LOLLL my dad and i were laughing about that one. Maybe you two can alternate years. You claim him in odd years and he claims him in even years. Have a document drawn up in court so you have verification that it was agreed by the both of you and ordered by a judge. :)

    Answer by CinderAmethyst at 5:35 AM on Jan. 24, 2010

  • Who ever has custody of him. You might want to go to court to define who has custody. I would emagine you have custody.

    Answer by louise2 at 7:18 AM on Jan. 24, 2010

  • Yes who ever has him most but it is also who does it first

    Answer by Anonymous at 7:58 AM on Jan. 24, 2010

  • Sometimes there can be a court order in place that it alternates each year. Or, if you're together, then run it each way - but DON'T submit it, and see who would get the biggest tax break for it. For example, one of you might make a small enough amount that you could apply for the earned income credit, in which case, it would be better for that one to claim the child.

    Now, if you aren't together, which it sounds like you aren't, then you would be better off working out a deal where you alternate claiming him, or get some sort of court order where the person with legal custody can claim him.

    Because if you don't work it out and it ends up where you both try to claim him you can end up with a real mess on your hands.


    Answer by sailorwifenmom at 8:02 AM on Jan. 24, 2010

  • Who does he live with?

    Answer by Anonymous at 9:18 AM on Jan. 24, 2010

  • Whomever changes the most dirty diapers.


    Answer by Anonymous at 9:57 AM on Jan. 24, 2010

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