claiming my son yes or no

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




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




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.

Ev - posted on 12/29/2014




I agree with the other ladies. Also, if you wanted him to take the child for more than just the 4 days of the month he gets why did you not put that into the orders or had the judge do so? Also, child support is stated to be used for the things that the child needs to live. In some places if the parent that has custody wants extras like help with half the cost of say school clothes and supplies it has to be added in and the same with some of the other things a parent might consider a need for the child outside the regular child support. Some other places say that the child support is for those things as well as the normal day to day needs. It depends on where you live and if you want it fixed you need to visit the court again.

Dove - posted on 12/28/2014




If you have a court order detailing this... you must follow whatever it is and you won't get in trouble. If you violate a court order you definitely risk getting in trouble... no matter what you 'feel' is right.

Mommabird - posted on 12/28/2014




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




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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