- April 26, 2024
- Posted by: legaleseblogger
- Category: Related News
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**Legal Issue: Ex-Spouse Claiming Child on Taxes**
My ex is requesting that I give him money from my taxes this year or he is threatening to claim our child on his taxes. He insists that he should be able to claim our child every other year. He is currently on child support and still owes a significant amount of money. Our child primarily lives with me, without a formal custody agreement in place. In fact, our child has not spent a night in his care in over 2 years, only seeing him at his parents’ house.
**AI Legalese Decoder Assistance**
The AI Legalese Decoder can help in this situation by clarifying the legal rights and responsibilities of each parent regarding claiming a dependent on taxes. It can provide information on the potential consequences of falsely claiming a dependent and the necessary steps to resolve the issue, such as filling out form 8332. Additionally, the AI Legalese Decoder can explain the process of the IRS taking out owed amounts from the tax returns of individuals who owe child support.
**Seeking Input and Advice**
I would appreciate any insights or advice on whether my ex-spouse is eligible to claim our child as a dependent in this situation. Despite my knowledge that he may not claim without form 8332 and the likelihood of repercussions if he owes taxes, I am still concerned about the potential implications of his actions. Thank you in advance for any guidance or assistance.
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****** just grabbed a
No he is not allow to claim the child, and yes he can get in trouble with the IRS if he claims him and you report it.
Also if he does file and he owes money for child support they are just going to intercept it
If he claims him, you will need to paper file and claim your child and then the IRS will determine who gets to claim the child. It’s the parent that the child lives with most of the year that gets to claim them. Then he will owe any refund he got back to them, plus penalties and interest.
This is the issue I’m going thru right now. If he claims before u you’re going to be fucked and have to amend it. My tax preparer told me to file the very first day. I am the custodial parent he owes $5000 in child support and keeps filing. I had to amend last years I’m still waiting on IRS to fix it. This year I’m filing first. I have majority custody too.
Very common in most states to alternate claiming them regardless of how often the child is with that parent. It’s one of those things that if the NCP asks for it’s typically granted even when CP fights it
That being said, you have no agreement so therefore he has no way to claim the child unless you’re legally married. If not then he has to goto court and get it in writing as well as the custody agreement and child support amounts, otherwise the tax claim is all for you!!!
Alternating years to claim children on taxes is quite common and fair IMO. This should have been specifically laid out in the original custody agreement. If it was not CP is under no obligation to allow NCP to claim the child. If this was part of the agreement NCP must be current on child support payments prior to filing to take advantage of the tax credit. If you both claim the same child for the same tax year the IRS will require proof which parent is entitled to the tax credit.
Hell no… Don’t do it
Does he have the child’s SSN? If not, he can’t claim them as a dependent anyway… but still I’d file asap to avoid any delay in getting your refund if he files first bc then it’ll be a whole thing.
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