ok moms i get child support from my sons father when he gets his taxes back will my son get any

Paula - posted on 04/13/2010 ( 18 moms have responded )

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i get child support he claims my son on his taxes would my son get any of that money?

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Kristy - posted on 04/25/2010

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Unless you sign a form from IRS stating that you allow him to claim your child on his taxes, he can't! Doesn't matter if it's in the court order or not. IRS NO LONGER recognizes court orders for claiming a child on taxes, so if it were me, I wouldn't let him claim your son cause all he's doing is getting what he pays in child support back at the end of the year.

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Triona - posted on 08/01/2013

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I've wondered this myself. My ex owes over 50k in arrears, and I'm sure files taxes... but we've certainly never gotten any. Is this something that you have to request? Our case is handled by the local DA child support division...

Gabby - posted on 06/27/2013

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Hello I have a question. My sons father and I have shared coustody of our son. But I live two hours away so our agreement ended up in my son staying with me 9 1/2 months for school and he stays with his dad in the summer. His dad does send money but I have not issued an official child support. But does this mean I can claim him on my taxses.?

Erin - posted on 06/07/2012

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Only if he owes back support. Otherwise you aren't entitled to his tax returns.

StrongerMe - posted on 05/29/2012

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You mean monies from a refund on his tax return? No.
Is it in your decree that he gets to claim your son on the tax return? I receive child support, but I claim the kids on my tax return.

[deleted account]

Its simple as this the custodial parent has the right to claim the child for all credits, deductions, and exemptions unless a pre-2008 divorce decree States otherwise and there are no conditions attached to non-custodial parent claiming the child i.e. must be current on support or the custodial parent signs a form 8332 a release of exemption. If the non-custodial parent does claim the child he is not eligible for Earned Income Credit, dependent care credit, or head of household status. The custodial may still claim the above even if non-custodial parent claims the child.

Michele - posted on 04/27/2010

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my daughter's father never claims her because i'm the custodial parent. that's how it was explained to me by my attorney.

Katie - posted on 04/27/2010

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If you are the custodial parent he can't claim him as a dependent on his taxes. Simply paying child support doesn't qualify for that. You should be the one claiming him as a dependent if you are the custodial parent. Check with an accountant, but that's how it works for me.

Paula - posted on 04/27/2010

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hi as far as i know he has claimed him for the last 3 years and i have gotten a good portion of that but this year i have yet to get one he didnt want this child support to be on his credit and i can recall him asking to claim him and they granted it because i can not file because i collect ssi so i guess my question is if he is claiming him or is it just because he had back child support but has paid that off now he only pays weekly payments untill january he turns 18.

Amber - posted on 04/27/2010

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Hi there, I'm a tax preparer from Canada, these ladies are right, whoever is the custodial parent claims the child on their tax return.
In my case, I have 4 children, and claim them all, as they are all in my custody. This benefits my family in a number of ways, the first way is through the Canada Child Tax Benefit, which is a monthly payment to parents who's net income is below a specified amount. The second is through a dependant tax credit, I claim my youngest as what we call an "equivalent to spouse" which allows me to make more money before I start paying taxes.
I don't know how the actual tax returns are in the US, but I do know that tax law down there states the same thing, whoever has custody of the child, claims that child as a dependant

Shannon - posted on 04/27/2010

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i claim my children.my lawyer said whoever the custodial parent is..who the child lives with gets to claim the kids. and he most def. should get money.

Bethany - posted on 04/26/2010

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If he has a court ordered garnishment in place you will receive part of the tax return. Otherwise, you will not get any of it for either regular payment or backpay.

Alicia - posted on 04/26/2010

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He can only claim him as a dependant but if the child doesn't live with his dad 6 months out of the year than he can't claim him on the earned income credit you get to every year. I learned that last year made my ex husband very mad. Even though my divorce papers state that my ex gets to claim him every other year I still get to claim our kids on the earned income credit & if your childs father is claimimg him on the earned income credit & your child doesn't live with him 6 months out of the year than you can get him in trouble for that. Hope this helped

[deleted account]

We just went through this with my son. Whoever has the child most of the time is who files and gets money back. UNLESS you hae a court orderlike one parent files this year and the other the next. Since I don't work I couldn't file on my son nor my student loans. Even though my son is with he evveryday unless his real father decides to get him. However my sons father filed on him and split it between us. Hope this helps. :)

Blair - posted on 04/14/2010

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no he wont, sorry. but like donna said if he owes and haven't paid then u will

Donna - posted on 04/13/2010

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No,I think only if he owes back support. Is it in you court papers that he claims your son? My sons dad never pays his child support so when he files income taxes I get it.

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