previous to last year, my sons father was in jail & i was living with my parents. i did not havw a job so my mom and dad claimed him. last year i did recieve some child support for my son until his father again ended up in jail, from the week of easter til i believe either october or november. i was wondering if it was even possible for his father to be able to claim him on his taxes this year. he owes me in child support, and i could really benifit from claiming my son this year. i go to court conserning his back dues in child support tuesday. can i bring it up to the judge then? i just dont feel its right that he b able to claim him after all i have been thru. i even have a text on my phone of his father callin me a loser, to get a job, & that he will never pay me a cent. i have 2 jobs.
If you do not sign a Form 8332 he cannot claim your son as a non-custodial parent. The noncustodial parent may not claim the child as a qualifying child for purposes of head of household filing status, dependent care credit, the exclusion of dependent care benefits, earned income credit and the health care coverage tax credit. For more details please read Divorced Or Separated Parents: Claiming Children As Dependants at the following link: http://www.sjfpc.com/Dependency_Exemption_Divorced_Separated_Parents_Form_8332.html
Hope this helps.
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I agree with Attorney Fromm. One additional point, You may want to bring this matter before the Judge in your dissolution case. This is a common issue that can cause much anger and frustration. Therefore, making sure there is an order outlining the duties, responsibilities and benefits (tax deduction) exists will make your life (and your kid's life) much easier. Divorce is hard enough.
I hope this helps.
Steven A. Leahy
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
Divorce / Separation Lawyer
Depends what your paperwork says but if he is behind on child support, he will not be able to claim unless the paperwork says he does get to even if he is behind on child support. Call your local child support office and ask them, they usually have access to your file and can tell you.
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