can my ex claim my son on his taxes?

Amber - posted on 12/18/2015 ( 6 moms have responded )

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My son lives with me I am the custodial parent, his father and I were never married, and now his father has moved out of state and said that he is going to claim our son on this years taxes. i told him that he does not have my permission to do so, and his answer was and i quot "watch me, ill beat you to it". he is saying that if he files first there is nothing stopping him from claiming him. what can i do to prevent this from happening, if any answers please reply

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♫ Shawnn ♪♫♫ - posted on 12/18/2015

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Generally, this is decided during the custody and divorce proceedings. If it wasn't done then, you need to consult your attorney and file a motion immediately.

Dove - posted on 12/18/2015

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If you have custody and no court orders specifying that he can claim the child... legally he should not be able to. However, he IS right that 'you' can't stop him from trying. What will happen if you both claim him is that you will both be subjected to an audit... and it will be up to the IRS to sort out.

My advice? File your taxes as soon as humanly possible and make sure there are no errors whatsoever in the paperwork. Let him get screwed by the IRS if he wants.

But yes, definitely check w/ a lawyer to make sure this is correct.

Raye - posted on 12/18/2015

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Amber, please do not include your personal e-mail in your post.

If you have legal custody and provided more than 50% of the care of your child, then I would say only you should claim the child on taxes. If you had legal custody but shared the care 50/50 with the father, then usually you and the father would file on alternate years. You might want to speak to a lawyer, just to be sure, as we are not lawyers and can only give an opinion, not legal advice. But I would say to go ahead and claim your child on your taxes. It should not go to whomever does it first. You might both be audited, but you should get the credit. Again, you may want to contact a lawyer to be sure.

Amber - posted on 12/18/2015

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there are no court orders, in the state oh Ohio which I live in, states that if the parents were never married the mother has full custody

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