claiming my son yes or no

Jessica - posted on 12/28/2014 ( 5 moms have responded )

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I have custody of my son his father and i agreed in court he could claim him every other year if current on support. The thing is he was locked up the first 6 years of his life and i claimed him. Now that hes out i still have been claiming him every year due to not being paid up. Heres the thing i dont feel its fair for him to start claiming him on taxes considering he only gets him 4days out of the month he wont take him any extra time like summer or holidays. Will i get in trouble if i claim him on his year. He dont contribute anything other then the child support. Please help!!!!

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~♥Little Miss - posted on 12/29/2014

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I suppose if it was written into the custody agreement, legally you should seek a professionals advice on the matter. If it was a verbal agreement, it probably shouldn't matter. But check.

Mommabird - posted on 12/28/2014

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If Im correct, when you claim a child on taxes they ask you how many months out of the year you supported them/they lived with you. Unless he has them half the year(altogether) he shouldnt be claiming him on taxes. If it states in your paperwork the specific years you each claim him you should follow it until its changed. BUT if he has back child support through the courts they usually collect a portion of his taxes to pay on what is owed, without his permission. They dont need permission and they dont have to even notify him that they are doing it. He'll find out when he gets his refund back.

Amy - posted on 12/28/2014

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Is he current on supprt? If so yes you'll get in trouble if you violate the court order if he's current. If you don't like the order you can try going back to court for the future to get it changed but I don't know of they will.

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