claiming dependent confusion

Abigail - posted on 11/13/2015 ( 3 moms have responded )




I have an issue concerning claiming dependents on income tax. My ex and I had a written agreement stating that I had my son an extra night and a few other things including my permission for him to claim my son in even years. However we went to court again and I recieved Primary physical custody but DID NOT sign anything in that agreement allowing him to claim him on his taxes. We both claimed him and now I need to figure out if I should amend my taxes or not. He is telling me because we had that old written agreement stating he could claim my son every other year that he still has the right. I am unsure if that still stands because after going to court I never gave him permission to do so or would it?? The custody never changed but I did not give him written permission after getting primary through the court. Really throwing me through a loop. Thanks.


Sarah - posted on 11/13/2015




Was the original written agreement a court order, or signed off by the court? If so, until the order is changed, it stands as written. Regardless of your custody agreement. You need to get it amended pronto. You cannot both claim him so one of you owes the government back that money. If you have custody, but he pays support, he will likely be able to claim the child as a dependent. Get it fixed before you end up with an audit and a truckload of fines.

♫ Shawnn ♪♫♫ - posted on 11/13/2015




Well, you gave him 'written' permission. You didn't have any authority, nor did he, to determine who gets to claim the child tax credit for him as a dependent. That needed to be decided by a judge from the get go.

Since there IS a written agreement between the two of you, no matter how old, you probably need to honour that until you can get a court decision. You should probably amend yours for last year, and get a decision prior to filing this year.


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Dove - posted on 11/13/2015




You need a court order specifying who claims the child and when. If you do not have one... get one asap. If you both claim him there will be an audit and it is 'likely' that you will be the one to suffer for it since there is a written agreement between the two of you. Not guaranteed... but not worth the risk in my opinion.

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