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I had primary placement of my son last year until the end of december. can i claim him this year on taxes?

Beaver Dam, WI |
Filed under: Tax law

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.

Attorney Answers 4


  1. 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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    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


  2. 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.
    Respectfully,
    Steven A. Leahy
    www.chicagotaxteam.com

    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.


  3. 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.

    In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.


  4. You should be able to claim your child if you had him more than 50% of the year.

    Christopher Larson
    Insight Law
    www.insightlawfirm.com