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Does a deadbeat dad have any right to claim a child on their taxes, even if they aren't living in the same state or supporting them?

My ex is trying to claim my daughter next year (she isn't born yet) on his taxes, even though he lives in a different state and has no plans in supporting her willingly AKA child support papers are being prepared now.

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Asked by blaquesoulstar at 8:22 AM on Feb. 28, 2010 in Money & Work

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Answers (23)
  • nope hes not even legally allowed to if the child isnt living with him

    Answer by SkylinesMommy at 8:23 AM on Feb. 28, 2010

  • no you are the one who can claim her. She lives with you not him.

    Answer by theladybugscafe at 8:29 AM on Feb. 28, 2010

  • you must provide for over half of the support to claim a child asw a dependent

    Answer by mom2snsb at 8:44 AM on Feb. 28, 2010

  • nope. plus, he must have her social security number and i doubt he'll have that. if he does claim her and you do too, the irs will send you both a letter (many months later) saying prove who she lived with. he cant prove anything, so he'd have to amend his taxes. been there, done that.

    Answer by Anonymous at 9:02 AM on Feb. 28, 2010

  • You mean he says he will do it or are you saying he is claiming the child as a dependant even though it isn't born?
    If he is just threatening, I'd just tell him that you will turn him in if you find out he did it. The above poster is right. You cannot even claim a person unless they lived in your home for 1/2 the time and you provided at least 1/2 their support. Look it up and email him the rules. If you have a divorce decree and support papers they should say who gets the deduction. If you never were married your child support papers can reflect this. The IRS does have rules about this so check with a lawyer.

    Answer by itsmesteph11 at 9:02 AM on Feb. 28, 2010

  • No, he cannot. If he does, report him to the IRS. That'll teach him!

    Answer by Pnukey at 9:39 AM on Feb. 28, 2010

  • If the child isn't even born yet its very difficult to answer the question. Custody orders usually spell out the specifics on who can claim the child on taxes. After the child is born, you should consult an attorney because you will want to file for child support. Also in custody orders, most will spell out which parent can claim the child on taxes. Most will alternate years, especially if one parent is paying child support.

    Answer by Anonymous at 9:47 AM on Feb. 28, 2010

  • He should not be able to. Read what it says on the IRS website on claiming dependents. I think one of the posters is correct about the OVER 50 percent of the cost for the child. Is the child would not live with him it would be hard for him to be able to provide for over 50% for the care

    Answer by imechard at 9:51 AM on Feb. 28, 2010

  • lol deadbeats threaten all kinds of stuff ....heres some that mine said: I'm gonna take him so I won't have to pay child support. I'm gonna party with him when he's twelve. I'm gonna claim him on my taxes....NONE OF THESE EVER HAPPENED. I've seen this with others too, they talk a big game.

    Answer by Steff107 at 9:54 AM on Feb. 28, 2010

  • Whoever has PHYSICAL POSSESSION (court ordered or otherwise) for more than 50% of the year is the one who gets to claim the child.

    Answer by ObbyDobbie at 9:59 AM on Feb. 28, 2010

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