We have one son together, he never pays child support should he clam the baby on his tax return?

Question

Our son is 1 1/2 years old and my ex hasn't been there at all. He called me and told me that he is going to clam the baby on his tax return. I am going to clam him too. I think its wrong for him to if he hasn't helped me at all. is he even allowed to clam him if I am?

Answer 1

Only the person providing support can claim him.

Answer 2

The rules for divorced couples are different. Support is not the issue. Unless the divorce decree states otherwise, the custodial parent is entitled to the exemption. There is a form the custodial parent can use to give the exemption to the other parent, but I doubt that applies in your case. If you both claim the child, whichever of you is not entitled to the exemption will be caught.

Rob F said whoever files last will be contacted by the IRS. Actually, both of you will. As long as you can show you have the right to the exemption, you have nothing to worry about.

Answer 3

LOL!!! look'n for a write off is he? dont feel bad, they ALL try that one...even the deadbeats.

tell him you DARE him too... because

1) the IRS will side with you, he sends nothing and the IRS goes by whom ever provides more then 50% of expenses
2) the IRS will audit both of you... (then he will be exposed and they WILL find out what ever it is he is hiding, believe me).

if you already have a child support court order:
1) they will take his refunds (state and federal) anyway, if there is a tax refund intercept in place. call your case worker and ask if there is. then you get his WHOLE refund :)
2) they will take his drivers license; just call your case worker and ask for an enforcement hearing....
3) they will throw him in jail; wont release him unless he (or his family, friends, new gf) puts a chunk of cash down.
4) it is now a federal offense to run across states lines to avoid child support.
5) if you are on assistance, they will go after him worse then the IRS... for repayment of what they have given you.

and so much more.

it you dont have a child support order, you need one. its there to protect your childs rights; the childs needs comes before any of our needs, period. the government is tired of parents not paying for their kids.

here are some links to help; two are IRS pages on child support and taxes, one is an IRS regional office locator. one is child support calculator (just click on your state and fill it in, THAT is what is to be paid, a general amount). the last few are to help; the redcross sometimes has cheap cars, the salvation army helps with everything etc.

post his deadbeat face on a deadbeat site online... serves him right. some states already do (post the deadbeats pics online).

http://www.wantedposters.com/deadbeats_usa_a_to_f.htm
http://www.deadbeatjustice.com/list.htm

http://www.divorcelawinfo.com/
http://www.divorcelawinfo.com/calculators.htm
http://www.helpyourselfdivorce.com/child-support-calculators.html
http://www.divorcehq.com/deadbeat.html
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/passport.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/fop.htm
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.hhs.gov/programs/region2/index.html

http://www.supportkids.com/

http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html

http://www.petitionspot.com/petitions/collectchildsupport

http://www.singlemoms.org/info/main.htm
http://www.singlemotherresources.com/
http://www.angelfire.com/nj4/njcomputerchick
http://www.parentswithoutpartners.org/chapterfind.asp
http://www.mowaa.org/
http://modestneeds.org/
http://freecycle.org/
http://www.salvationarmyusa.org/usn/www_usn.nsf
http://www.redcross.org/where/chapts.asp

Answer 4

The tax deduction goes to the custodial parent unless the divorce decree states otherwise. You can attach a note to your tax return that your ex might try to claim the exemption. Include a copy of the divorce or support decree to back up your claim to the exemption.

Answer 5

According to the IRS - the person who can claim him (I am an Accountant) is the individual whom the child resides with for more than 50% of the year. Resides with incorporates the idea that whatever Adult provides shelter, food and clothing to the child more than 6 months of the year - receives the deduction.

I would suggest that you file as quickly as possible - whomever files second will most likely get bumped and will have to explain their position. If you file first and have met the above criteria - you should be fine. Good Luck.

Answer 6

Unless spelled out in a divorce or support decree, the person who provides more than 50% of his support can claim him.
Unless you ex has receipts to show that he has supported him, you can do so.
The IRS will investigate if you both claim him.
If he lives with you, you are most likely to prevail.
Your ex would be hit with penalties & interest; and possibly criminal charges for filing a false return.

Answer 7

No he is not allowed to claim his son since he is deliquent in child support. You need to go to court and file an order to take his tax returns and garnish his wages to pay the child support. If he is unwilling to be responsible, you must use the court system to make him pay what he is responsible for.

Answer 8

Go ahead and claim your child. Tell the father that you are doing so. As long as the child resides with you, you have every right to do so. The father will be the one to have to answer when it hits the fan. Let that be his problem, not yours.

Answer 9

In Australia if he's not paying you just need to call the Child Support Agency and tell them. They will have the Tax Office freeze his refund until he has paid you up to date including back maintenance or will make him forfeit his refund to yourself.

Answer 10

If your ex has not paid child support, not only should he not be able to claim the child as a tax deduction, but he should be in prision. Please inform the court that granted you the child support that he is delinquet. Not for you, but for your childs well being.

Answer 11

In order to claim the child the person claiming the child must provide more than half of his support. If you both claim the child the IRS will audit both of your returns.