I HAVE A QUESTION! PLEASE ANSWER IF YOU KNOW!

[Nicole5321]

Hello.  It's been a really, really long time since I've been on this site, but I have a question that I'm hoping someone will be able to answer.

Situation:  I have four kids who all have the same father.  We were never married and we do not have any type of custody agreement.  As far as know in the eyes of the law I have sole custody of the kids.  If I had to guess I would say their father sees them maybe about 5% of the year.

Question:  Legally does he have the right to claim at least 2 of the kids on his taxes?  He does pay child support through the state, but considering it's for 4 kids it's not very much.  For the past two years he has not claimed them on taxes, but now he wants to fight about it. 

 

 

 

 

[Islandmom2boys]

I say no he doesn't the right, only the one who takes care of the children the majority of the time.

My oldest sons father wanted to claim him for the money, we were never married and I said no.

[KelliansMom]

Only way he could is if the children lived with him for over 50% of the year OR it was in a legal document and normaly that's only in divorce cases that I have seen that done

[MommaRoseT]

Quoting KelliansMom:

Only way he could is if the children lived with him for over 50% of the year OR it was in a legal document and normaly that's only in divorce cases that I have seen that done

This is what I believe to be true too.

[x_Starr_x]

you have to have a legal custody document....also is he on the BC? when I got my divorce i made sure my ex was not allowed to claim them but since you dont have a court order you pretty much screwed and when the IRS sees it one of you will paying them back the funds they dont care who they will garnish wages to who ever they find first.