Ex wants to claim baby on taxes. BUT he legally can't. What should I do?

Kelsey - posted on 02/04/2013 ( 3 moms have responded )

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My ex boyfriend wants to claim our 9 month old son on his taxes so he could get a huge sum of money back to buy a car for himself.
He told me he was claiming the baby because I'm not working and I won't get anything back. I told him no. The reason why I told him no, is because,
1. He's not paying child support even though he's ordered to in our joint custody agreement.
2. He is the most irresponsible person with money and is more then likely to blow it drinking or smoking.
3. My baby wouldn't see any of that money; even if my ex said he's going to give some money.
4. He does absolutely nothing for my son. Period.

I told him several weeks earlier, that my parents (my son's biological grandparents) were claiming me; since I'm in college and claiming the baby. I've checked into the IRS and my parents are more then qualified to claim the baby. My ex is not. I've explained the qualifications of,
1. Lived with the child more then six months. (Which my ex had not, I dumped him two weeks before hand)
2.Provided over half of the baby's support (Which he had not, because he was out drinking and partying it away)

Even if he was qualified; he's the non-custodial parent and he needs the the signature of the custodial parent (which is myself). Well, earlier this morning he informs me that he's doing his visitation tomorrow after being "sick" all of 'superbowl weekend. He also tells me that I'll be getting a grand soon because of taxes. I asked him, how. He claimed the baby.

I talked to the IRS again, and they said go ahead and claim the baby. But all; including my ex's paper work will get red flagged. The IRS says that he can't claim the baby. But I'm still worried. I want to be able to contribute to my household; even if it means getting a smaller amount back. I just can't believe my ex would be so dumb and selfish.

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Lacye - posted on 02/04/2013

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I don't know about the state you live in, but in the state I'm from, the NCP does not have to have the CP's signature to claim the child as long as he/she is paying over half of the child's care.

With that said, allow your parents to claim your child. You have proof that the baby has been living with you this entire time. Yes there will be an investigation but your ex will be the on that not only has to pay the money back but he will have to pay back fines for falsely claiming the child. If he had been paying you child support, it would have been a completely different story. But he's not paying you anything.

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Dove - posted on 02/04/2013

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If he can't legally claim the baby... just let your parents claim your son and don't worry about what repercussions it causes for your ex. That's his problem for doing something he was told is illegal.

If you have child support set up through the court and the CSEA though... his wages should be garnished and you should also be entitled to some, if not all, of the tax return depending on how much he owes you and how much the check is for.

Kelsey - posted on 02/04/2013

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Oh, I have no problems with my parents claiming my son. I want them too. With child support; he was informed that his work was garnishing it out. I've pursuit it, and that's not the case. He lied to me. I will be taking him back to court for child support. I just can't wrap my head around his antics. Why should my ex feel entitled to claim the baby when my ex does nothing for him. About the signature, I talked to the IRS this morning. In my state, he does need my signature. He's only paid me one child support check. Which I have kept note of what date he gave it to me, what amount it was, the check number and my bank statement. I've also kept a log when he hasn't paid me child support. I'm just furious and frustrated because I hate causing more problems for my parents. I just can't see that why my ex feels like he deserves the money.

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