41 answers

Ex Wants to Claim My Son on Taxes

Ok so my son's dad just called me up and asked what I was planning on doing when it came to claiming Ollie on taxes. Brian (ex) hasn't seen O Since July and says he doens't want to see O ever again. He does pay child support, but if I tally up my finances that would only be 1/3 of all income coming in. He asks if I'm willing to go every other year of claiming, or if I just want to claim him every year. He says that since he pays child support, Oliver is techinically a dependent on him too.
I don't know what we are required to do. He pays child support through ORS, so I'm planning on calling them to see what they say. My sister has 3 kids and they never see their dad and they pay child support but she claims all 3. So I'm confused. What do you think I should do?
And don't worry I will talk to people that know these sort of things, I just want outside opinions and maybe find a better solution.

What can I do next?

So What Happened?™

Thanks ladies! He was only my boyfriend, and yes to he was a manipulator which is why I wanted to get insight. Yeah I just told him he doesn't get to claim O at all. He's not going to be happy, but oh well!!

Oh wow! I didn't realize that I had that many responses! Thanks everyone! I got my taxes done the second I got all the paperwork I needed!

Featured Answers

The question on the tax form is "did the qualifying child live with you more than 6 months of the year or did you provide over 50% of the total support for the qualifying child" Simple. Straight forward. To lie on that question would be tax fraud. If he wants that right, he can get a judge to grant him that right and put it in the support order.

5 moms found this helpful

I wouldn't let him claim him. You are the one taking care of him and the ex never sees him. He shouldn't get a little more money for himself when it could go towards his son.

1 mom found this helpful

My husband owns his own tax and consulting firm (KRD Tax & Consluting) and is willing to give you some free advice on how to handle this. We see this quite often. Give him a call when you get a chance ###-###-####.

More Answers

Noooooooooo......

Let me guess - your ex was manipulative? Got you to believe you were at fault for his choices? Am I off-base? Because it sounds to me like he's trying to play you for money he's not entitled to.

He is obligated to pay child support. That doesn't ENTITLE him to squat.

Good luck!

6 moms found this helpful

The question on the tax form is "did the qualifying child live with you more than 6 months of the year or did you provide over 50% of the total support for the qualifying child" Simple. Straight forward. To lie on that question would be tax fraud. If he wants that right, he can get a judge to grant him that right and put it in the support order.

5 moms found this helpful

Child support does NOT equal custodianship. If you are the custodian over 50% of the time - you are the sole person who can claim your dependent on taxes.

You and your son are who need the tax break - not your good for nothing absent ex. Child support doesn't even cover a fraction of taking care of a child. He has some nerve asking you that!!

4 moms found this helpful

I'd tell him to take a flying leap!

Your son lives with you, you pay for most everything, and not to mention this loser (sorry, but guys like that irriate me, I deal w/ one too) doesn't want to see his son anymore...you are entitled to claim him on your taxes. If you do your taxes first, and you claim him, and then your x does his taxes and claims him, he will be audited, not you. Who has medical insurance on him? If you do, then he is completely your dependant and not your x's. Child support is just that, support. It helps to level out all your other bills you have for you and your son.

I don't know what ORS is, but definately ask them! And if you can do your taxes before him, you are a lot better off!

I hope everything works out in your favor!!

2 moms found this helpful

Is this an ex-husband or ex-boyfriend? Do you have court-odered support? This matter these days is usually defined in the court documents.

Kids aren't cheap, I know, but the support my daughter recieves isn't anywhere near a third of my income.

I wouldn't agree to this from the info you've given. From what I understand, alternating tax years only usually applies when there is a joint custody situation.

2 moms found this helpful

To claim a child must live with you more then half of the year so no your ex cannot claim him.

2 moms found this helpful

You need to talk to your accountant about this. If you child legally lives with you full time, I do not believe your ex can legally claim him on his taxes. Just because he pays child support doesn't entitle him to claim him on his taxes. I DO believe he would be committing fraud.

2 moms found this helpful

He legally can not claim the child if he is not the custodial guardian, so LOL @ THAT!! Tell him good luck with the IRS. File YOUR taxes sooner rather than later. Even if you don't have a custody agreement, legally, whoever the child lives with most (even if it's 49/51% of the time), gets to claim.

Still laughing at silly baby daddys.... oh honey I've been through it all, and they never get any smarter ;)

2 moms found this helpful

1 / 3
Required Fields

Our records show that we already have a Mamapedia or Mamasource account created for you under the email address you entered.

Please enter your Mamapedia or Mamasource password to continue signing in.

Required Fields

, you’re almost done...

Since this is the first time you are logging in to Mamapedia with Facebook Connect, please provide the following information so you can participate in the Mamapedia community.

As a member, you’ll receive optional email newsletters and community updates sent to you from Mamapedia, and your email address will never be shared with third parties.

By clicking "Continue to Mamapedia", I agree to the Mamapedia Terms & Conditions and Privacy Policy.