A mom writes in asking for advice about a situation involving her son and her son’s father. She says her son’s father has requested that he be allowed to claim their child on his taxes next year. This mom has full physical custody of their son (and split legal custody). Moreover, her son’s father has not been super involved in his son’s life, particularly lately during the pandemic. Is her ex allowed to claim their son on his taxes? What can she do?
A member of the community asks:
“My son’s father wants to claim our son on taxes next year: Thoughts?
What should I do? My son’s father, after about six years now, has decided that next year he wants to claim him on taxes. I tried to tell him legal reasons as to why he couldn’t so I wouldn’t have to fight, but I’m not sure what to do…
I have full physical custody, split legal. I make all final decisions, though. He lives with me and is supposed to see him on Sundays from 9 am-5 pm. He’s canceled until further notice because of all the coronavirus stuff and hasn’t seen him for a couple of months and only asked about him once. He pays $260 a month in child support. Nothing was ever said in court papers or parenting plans on taxes, though.”
Community Advice for This Mom Who Wants to Know What to Do About Her Child’s Father Asking to Claim the Child on His Taxes
To see what advice the Mamas Uncut Facebook community has for this mom in need, read the comments of the post embedded below.
The community offered this mom in need a lot of great advice. Read some of their responses below.
“Unfortunately, you chose to have your child with this individual and because you’ve stated dad does give support, he should have a legal right to claim his child just as you have for other years! This is another reason to think before bringing children into this world if one or either one cannot compromise; he is his father.”
“Yeah, he is the father, but in order to legally claim a child on taxes, you have to provide support for the child for over half the year. If he only sees him for 8 hours ONE day a week and pays a couple hundred dollars a month, he has NOT provided over half of his support for the year and is not entitled to claim him! Why should he be entitled to get money for a child he is not raising?”
“Regardless of child support amount, if you have any government assistance he can not claim the child. If he does not live with that parent for 6 months out of the year, he legally can not claim him. Plus, if stimulus progresses into next year, they would go by that year’s taxes… Just thinking ahead.”
“The IRS law is clear. You can claim anyone if they physically lived in your house for at least six months out of the year and you took care of them. Most of the time child support is little to nothing these days. You provide a roof over his head and the majority of food and clothes. You deserve to claim him, if for nothing else, to keep your head above water. What about health insurance and the dentist. Child support doesn’t even come close to touching that. You claim him and put it in a savings account for a rainy day. Good luck.”
“When you file, it specifically asks where the child resided and who supported more than 6 months out of the year, if he lives with you all the time then you get to file, even if he files anyway and you get audited, you have proof that your son lived with you the whole year and the ex will be screwed.”
“He has no right to. It is whoever the child lives with and has majority financial responsibility. If he does, turn him in to the IRS for tax fraud. That money goes back into the home of the child, not some one-day-a-week parent. Your child deserves that money in a place where it will be used for taking care of him and his needs.”
“The deduction is supposed to help who the child lives with offset expenses. He lives with you, you should claim him period. I can’t stand people who think paying child support is supposed to “cover everything” and get a deduction for paying it. No, you can’t be a part-time parent and claim the child at tax time. Gross.”
Do you have any advice for this mom? Leave a comment to help another mom out!
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