Can a non custodial father claim his son as his dependent in his tax to get all the money? 7 Answers as of February 20, 2012

My boyfriend and I separated but not married. We had a 3 yr old son. Now my ex wants to file tax and wants to claim our son as his dependent since I'm currently unemployed and he said because he is still the father and he pays child support. But I am the custodial parent. Is that possible that he can do that?

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Law Offices of Frances Headley | Frances Headley
It is possible for the non custodial parent to claim the child as a dependent if the custodial parent agrees and signs the appropriate documents or there is a court order regarding the deduction.
Answer Applies to: California
Replied: 2/20/2012
Attorney at Law | Dorinda Ohnstad
Tax law says whichever parents provides more than 50% of the child's needs. Generally that is the custodial parent. However, the parties can agree which parent will claim, which may require the executing of an IRS form in that regard. Since he may get more benefit claiming him you may want to agree on a year to year basis, but in exchange he may then provide more child support.? Keep in mind that child support calculations take into account which parent gets to claim the child.
Answer Applies to: California
Replied: 2/20/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If your former boyfriend is paying the majority of your son's support expenses, it is appropriate that he gets the dependency exemption for your son, especially since you are unemployed - making that exemption essentially worthless to you, but valuable to your former boyfriend.? If there is a pending Paternity case, you and he could prepare a Stipulation and Order providing that when you become re-employed, you would get the dependency exemption back, requiring your former boyfriend to promptly provide you a dated and signed IRS form 8332 upon your providing him written notice of your re-employment, so that you can again claim the dependency exemption for your son.
Answer Applies to: California
Replied: 2/20/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If he has 51% or more of the time with your son, IRS rules permits that parent taking this dependency exemption. If you are not working and do not currently need the exemption, you may want to consider letting father have the exemption subject to your right to reclaim it in exchange for more child support.
Answer Applies to: California
Replied: 2/20/2012
Peyton and Associates | Barbara Peyton
It depends on whether that deduction was presumed when your child support order was made.
Answer Applies to: California
Replied: 2/17/2012
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Yes he can do that as long as you do not. Since you are unemployed it sounds like a good idea. There is a form that you should sign releasing the exemption to the father for this year.
    Answer Applies to: California
    Replied: 2/17/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    The child dependency is usually awarded to the parent that has more than 50% time share regardless of income. Now, between the parents you can negotiate to do something different but the IRS will give the one who has more than 50% the deduction.
    Answer Applies to: California
    Replied: 2/17/2012
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