- April 13, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation with Stepson and Absent Father
My stepson has been in my care for the last 3 years, as his father has not reached out since dropping him off. Even though the father has primary custody, he moved to Florida and cannot be located, thus avoiding child support charges. Recently, we received a letter stating that he has claimed my stepson on his taxes.
## Legal Implications and Questions
Given that the divorce decree states that he can claim the son on his taxes, is this document still valid considering his abandonment of the child and disregard for legal procedures? He also left Oklahoma without informing the judge, continued to use Oklahoma benefits, and only recently got caught.
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****** just grabbed a
the IRS investigates these cases
https://www.irs.gov/identity-theft-fraud-scams/identity-theft-dependents
its tax fraud. they would at least claw back the deduction plus a 40% penalty
if you havent yet, you should work with a family law attorney to clean up the custody & guardianship status.
So in the three years since he abandoned his child you and your wife have done nothing to change the legal arrangements that were put in place beforehand?
>On their divorce decree it is stated that he claims the son on his taxes
Ok, then that’s the agreement.
> but is that document even valid since he has abandoned his son and furthermore he left the state of Oklahoma
That doesn’t invalidate a court order. Your wife could have gone to court at any time within the last 3 years to modify the order.
> he’s not suppose to without notifying the judge,
That’s a problem, but unrelated to claiming child on taxes.
>he was also still receiving and using benefits of Oklahoma for a year and a half and Oklahoma just caught on.
Also unrelated to this specific issue.
Report it to the IRS, have files ready to prove he lives with you full time (report cards, doctors visits, sports/club schedules, emails from teachers, etc – anything that proves without a doubt he was with y’all this entire time).
Get a Family Law Attorney.
Not legal at all. How old is the kid? Can you file for custody? In California the state paid me a small amount (but enough to cover her tutoring costs) to care for her. We put up with similar behavior for years because we didn’t want the abusive mom the come claim the kid for the money.
Legally, if the divorce decree says he gets to claim him, he gets to. The IRS rules only apply if there is no court order.
Sounds like you’ll be getting child support now.