my son father wants to claim my son on his taxes

Elizabeth - posted on 01/27/2016 ( 8 moms have responded )

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Okay my son father wants to claim my son on his taxes but has not been in his life or came around much maybe a hand ful of times since he has been born now he will be four in April he been in and out of jail most of my son's life and the only time he wants to call or wants anything to do with him is around this time of the year is when it comes to money and I filed for child support but they couldn't even come up with on how much he would give me every month giving the fact he quite his job the day of the court hearing and never showed up for it and then they rescheduled it and he still never showed up and they didn't do anything about it not it's on hold until further notice because he went back to jail he flat out told me he would rather stay in jail then pay child support but now he wants to come around and claim him what should I do and what happens if he dose it and I have primary custody of him by the judge because I already know even if he signs a paper stating he will give me the money he won't because he never dose he has on giving me 50 dollars in the three and a half years of my son's life so if anyone can help me out with this that would be great

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Dove - posted on 01/27/2016

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File yourself as soon as possible and tell him no. Unless he has a court order stating he can claim the child... legally he can not. If he tries you will both be audited, but since you would have all the proof that your son lives w/ you and you provide for him... his father will get in trouble w/ the IRS.

♫ Shawnn ♪♫♫ - posted on 01/27/2016

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In child custody situations, a judge needs to determine this. It is not primary custody that makes the difference, but level of support.

Either way, a court order is needed

Carol - posted on 01/27/2016

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I thought the child has to live with you most of the year and you provide for it, it order for you to claim the child. If you have primary custody of the child, then you claim it. If he does, he would have to prove he has the child during the year and if he can't they will make him pay it back.

Dove - posted on 01/27/2016

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Yeah... you would have to talk to a lawyer or tax person if anyone is going to claim him. I would still tell your ex no, but if no one else claims him and he does anyway... I doubt anything will come of it.

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♫ Shawnn ♪♫♫ - posted on 01/27/2016

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What are your court orders regarding claiming dependents?

Elizabeth - posted on 01/27/2016

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No I do have some kind of income but not much I receive a ssi check and not married but have all lived together in the past year but my boyfriend has been there for my son since he was one and has done more for him then his own father has ever but he don't wanna claim him because he think that something will happen if he dose even though I have proof we all live together for more then half a year but thanks for all the help much appreciated

Dove - posted on 01/27/2016

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So you don't have any income? If you are married you would file a joint return w/ your spouse, but I don't have any idea about the legalities of him claiming the child as a dependent. You would need to talk to a lawyer or a tax person.

Elizabeth - posted on 01/27/2016

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But what if I am a stay at home mom and don't work can I still claim him I don't know any of this I never claimed him before

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