Hi, I am a single mom. Never been married to my sons father. Actually I have no communication with him at all. I wanted to know if my sons father is able to claim my son on his income tax? How would I be able to find out if he's been doing so? He recently was ordered by law to pay child support. Does that give him any right to claim my son on his income tax?
thank you
Karen (krano@ameritech.net)
2006-08-31 11:15:15 · 13 answers · asked by hamncheesegirl 1 in Politics & Government ➔ Law & Ethics
Tax law is one of my areas of concentration.
Generally, the custodial parent of a child is able to claim the child as a dependent for purposes of income tax. There are some exceptions, notably when either the parents agree or when a decree of divorce, seperation or paternity addresses the issue of dependency for taxation purposes.
If he has done so in the past, and you filed electronically, you would have had a reject from the IRS if you also tried to file claiming him as a dependent. If you did not file electronically, then the IRS will still reject the return, it will just take longer to happen.
However, there are some things which he may NOT claim, regardless of how the dependency is addressed in the decree of paternity: he may not claim child care expenses, nor may he claim the child for the purposes of EITC.
The chances are if your tax returns have been successfully done, then he did not in the past claim the child. He does not have an automatic right to claim the child, but I would read the decree of paternity carefully to see if it addresses that issue. If you don't understand what you're reading, call your attorney.
If you don't have an attorney and need one, contact your local or state bar association for a referral.
2006-08-31 13:07:36 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
You really need to see a good tax lawyer or a reputable tax preparer. You can also call the toll-free IRS number--it's listed in the Federal govt section of your phone book.
The real question seems to be: he's been ordered by the court to pay child support. But has he? If he is paying some amount, then I think he is entitled.
What most of the people I know (including family members) who have children by an ex and who pay child support do, is claim the child on taxes every other year. So, one year you claim the child, the next year he does.
You say you don't have communication with the father. Does he have any with his son? If not, you probably should see a lawyer (even if it's Legal Aid, depending on your financial status) about filing charges of abandonment against him. I don't know what the length of time is in your state so I can't be more helpful there. If he hasn't seen the child or paid for support, you should be granted sole custody. Then the tax question becomes moot.
2006-08-31 11:24:15 · answer #2 · answered by goldie 6 · 1⤊ 0⤋
Unless otherwise ordered in a support order, i believe he is only allowed to claim the child if the child has lived with him 6 or more months out of the year. If he does claim your son you will know it because your return will not go through. This happened to me the 1st year i filed after my divorce. Even though i had custody and should have been able to claim our daughter my ex had claimed her 1st so my return came back and i had to refile. I also ended up getting audited but not sure if that is why. So i think he is able to claim your son but it sounds like he doesn't actually have a right to claim him and you would know if he did. Good luck
2006-08-31 11:30:41 · answer #3 · answered by ColeBaby 2 · 0⤊ 0⤋
No. The father would have to show that he paid for the child's support in order to claim him as a dependant. Only one parent can claim the child as a dependant, the parent who supports him.
You would have to get the IRS to check the father's income tax returns.
2006-08-31 11:21:19 · answer #4 · answered by regerugged 7 · 0⤊ 0⤋
he can only claim if you and him file a fed form (I think 2203), that alows him to claim. He will need to be told that Child Support is NOT tax deductible. But for him to claim the child on the income tax he has to prove that he is providing half of the entire support for the child. If you are paying rent you will have no problem disproving this.
2006-08-31 11:19:25 · answer #5 · answered by ? 2 · 0⤊ 0⤋
Yes, dependent upon what's in the child support order? If the order allows you to claim your child in even years and the father to claim the child in odd years, it's permissible. If there is no order and the child is, in fact, living with you then you're on solid ground to take the tax break.
2006-08-31 11:17:29 · answer #6 · answered by Inquisitor-2006 5 · 0⤊ 0⤋
I am not a lawyer, but generally the custodial parent has the right to take the deduction. This is unless you have something in writing which gives your ex-husband the deduction. He of course has to pay child support.
He can claim anything he wants. What the state and IRS gives him is something all together differently. If you have custody, I would fight for the right to the exemption.
2006-08-31 11:22:04 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Unless your son lives with him for at least half the year he is not considered a "qualifying child" for his father to claim him as a dependant.
2006-08-31 11:32:12 · answer #8 · answered by April C 3 · 1⤊ 0⤋
It depends state to state .If you claim them he cannot ..if he is giving child support, as directed by a court , he should be able to .you and him should have a legal agreement as to custody on holidays ,bitthdays etc.... You guys should decide who takes the deduction .No child support and visits ? No deduction ....
As for the tax matter ..contact the IRS and tell them of your concerns....they have the answers .....
2006-08-31 11:23:01 · answer #9 · answered by cesare214 6 · 0⤊ 0⤋
He can claim them if he wants, but if one of you is audited and you have to prove to the IRS who should claim him it will be the primary care taker. So he will fraud on his record, it wont affect you.
2006-08-31 11:19:17 · answer #10 · answered by camieg12 2 · 1⤊ 0⤋