I really need your advice on dad asking to claim one of our kids on his tax return

Valerie - posted on 01/25/2010 ( 214 moms have responded )

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HI! Thank you so much for reading this post. I got a text from my ex-husband and he asked if he could claim one of our sons on his tax forms this year. He has them for the day on Saturdays and one extra day whether it be on Sunday or a weeknight. But the boys live with me so for me it was a no brainer. I just replied with well they live with me so when they live with you part time then it will be fair to claim on of them on the tax forms.
I believe that is what the question is on the tax forms, 'do you have any dependents living with you?"
He got upset. What is your take on it?

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214 Comments

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Lisa - posted on 01/29/2010

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If he pay's child support, he should get to claim either half the children (if you have more than 1 together) or every-other year.

Annette - posted on 01/29/2010

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i agree he doesnt live with him he shouldnt claim them. but im divorced and have been told that my ex could claim the child tax credit on our daughter every other year as long as he was current on child support.

Stacy - posted on 01/27/2010

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By tax laws depending which state you live in if the other parent by childsupport for the kiddos and thier visit at to five months they have the right to claim the children.But the thier a catch to to this the child support office we take the payment and apply it to you for support.

Valerie - posted on 01/27/2010

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Thank you so much for all of your advice! I sent him some thoughts and suggested we see a tax adviser if we need to continue because that will put a non-biased third party in the mix to help up settle out these measly couple hundred dollars he is after. Of course I didn't say that. I am a no drama ex wife! So if he wants to continue trying to squeeze out every penny in life he can get, then I'll just let him feel like an idiot in front of a tax adviser who says to him, 'you really aren't doing anything to show justification for a tax write off' That might humble him! Better a stranger to tell him that then me right?

Judy - posted on 01/26/2010

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My daughter is a single mom (19 yrs old). She works and lives on her own. Although the dad is involved (he gets every other weekend and every Wednesday evening and does pay child support with his unemployment. He is also asking to claim their child on his taxes and is upset that my daughter won't let him. Here is my opinion - it is my daughter that has to deal with the day to day stuff. My grandson lives with her, she is the one that takes him to daycare everyday, if he is sick, then she has to take off of work and take him to the doctors or emergency. She is the one that takes him to his check-ups (except for possible 2 times). The father will not help out at all if it is not "his" day even though he is not working. She has total responsibility for their child. He can claim the support on his taxes and she should claim his son on her taxes. So Valerie - claim your boys and say NO to the ex.

Paty - posted on 01/26/2010

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Do what your divorce decree states. If it doesn't state then Gwen Covert (earlier post) is accurate and if you are the custodial parent than legally you have EVERY right to claim both of your children.
If he provides child support and goes above and beyond to pay for the expenses of your children then you might consider sharing in claiming the children. Otherwise I personally would not. Children are expensive and you might need that return that you may get from your return for emergencies. Good Luck!

Lindsay - posted on 01/26/2010

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I've also heard of both parents splitting the return half and half from claiming the children....

Sarah - posted on 01/26/2010

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I think you made the correct decision. I don't know much about this but I'm sure somewhere he can claim the child support that he pays can't he? I agree this is just well earned money coming out of your pocket that you could put to good use on your children!

Lindsay - posted on 01/26/2010

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I think if he's paying child support, it should rotate every other year who claims the children. That only seems fair....

Claudine - posted on 01/26/2010

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I think that if he pays child support, it would be okay to let him claim one every other year..

Amber - posted on 01/26/2010

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definatly do not let him take one on his tax return! thats taking money from you that you could spend on your sons and you know he wont spend it on them right? lol. well hes being very selfish. you should put both of them on your taxes, they live with you, you are just answering the question honestly saying you have 2 dependents living with you. you deserve it for raising those boys, he doesn't.

Gwen - posted on 01/25/2010

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Unless your divorce decree specifies otherwise, the IRS laws side w/ the custodial parent. If he has minimal custody of the children, then I agree that you should claim them. (If you had joint custody, I could understand agreeing to let him claim).

If he ignores you and you both claim the same kid, he will get penalized (eventually) when the IRS catches it.

If you ever decide to let him claim one of the children, there is a Form 8332 Release of Claim to Exemption for Child by Custodial Parent that you sign, which allows him to do it legally.

Rosie - posted on 01/25/2010

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i completely agree with you. you are the one that they live with, therefore u should be the one to claim them. most people have court orders after a divorce that has this printed very clearly-are u sure that u don't have something like that?

definitely a nobrainer -tell him tosuck it up and maybe if he chose to spend more time with his kids, he might get rewarded (not sure if that's the right word) with future tax writeoffs, since he so worried about the money instead of his kids wellbeing. what a jerk!

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