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Can step father claim my son as a dependent on taxes?

San Jose, CA |
Filed under: Tax law

My ex wife and her new husband own a couple of businesses. Managed and conducted from their home. While she claims to not be employed, she schedules client appointments, etc at home. Would my son be her husband's dependents? Is she suppose to report the child support as source of income? Who should I talk to? I know my obligations but I feel she is taking advantage of the situation. From what my son tells me, he doesn't feel that he is getting the equal care as he new siblings. I see the difference and feel bad and I would love to have my son be with me but unless he is near death then my chances are slim. This system doesn't recognize dads who fulfil their obligations and doesn't protect us from fraudulent ex wives. Who can help me with these questions? Hopeful dad.

Attorney Answers 1


There's a lot here so bear with me as I try to address it:
1) can stepfather claim your son? Yes, if he is filing jointly with the child's mother and it is the mother's right to claim the child (some custody arrangements address who can claim the child(ren) during which years).
2) child support is not considered a taxable source of income.
3) children from previous marriages often feel left out in families -- whether merited or not. I'm sorry your son feels that way because no child should.
4) If you are living nearby you might consider filing for additional custodial time. I have represented plenty of dads who have obtained custody of their children, so I don't know that your generalized assessment of the "system" is accurate, and I am sure that there is hope of you obtaining more custodial time.

Stephanie White
Simi Valley, CA

DISCLAIMER: The above is not legal advice nor does it establish an attorney-client relationship with the person posting the question or any person reading the above. There is no attorney-client relationship between any reader and this writer or her firm. These comments are not subject to any privilege protections. They are neither privileged nor confidential. The information is general only and should not be relied upon in any specific case. Accordingly these comments cannot be relied upon as the law and the facts may differ from those with which the reader of this communication may be dealing.

The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

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