Skip to main content

Can my ex wife's boyfriend claim my child on his taxes?

Cleveland, OH |

My ex and I have been split for 3 years and we are currently waiting for the divorce to go through. For these last 3 years she's had her boyfriend claim my daughter on his taxe because she doesnt work. Is there anything I can do about that and what can i do about custody considering her boyfriend that she lives with drinks vividly. I've smelt the alcohol ooze off of him numerous times but when I say something she just ignores that, argues with me, and song let me see my daughter.

+ Read More

Attorney answers 3

Best Answer

If you are represented by counsel the tax exemption for you child should be part of you divorce. Be sure you tell your lawyer about the boyfriend claiming your child for the last three years. You should have the benefit of the exemption especially since your wife does not work. The deduction can be granted retroactively so you can amend and refile your taxes for those three years. If you do not have a lawyer you need one. It is already costing you money not having one. Losing the deduction prospectively could mean quite a lot of cash in your pocket over the course of future years.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.


Drinking has nothing to do with the allocation of a tax dependency exemption, despite the fact that the drinking around the child is reprehensible conduct. File a motion in your divorce, for custody--and ask for drug and alcohol testing/ assessment.

The lead case on allocation of tax dependency in Cuyahoga is Lozada v Cuyahoga County CSEA--the general rule in Ohio is that the Custodian is entitled to the use of the tax dependency, and unless the Court Orders the allocation of the dependency to you, as opposed to her, you have to file to modify, and must prove that the allocation of the tax dependency to you ( as non-custodian) creates a greater financial benefit--to your child--in order to receive same. It's a higher standard--but not impossible. Good Luck.

The answers to questions provided in response to the request for assistance are general in nature, and reflect information which is primarily based upon general legal principals, and may additionally reflect Ohio principles of legal practice, as this is the primary location of this Attorney's practice. As with any legal advice, the advise is general in character, and should not be put into practice without specifically consulting your local counsel, who will possess far more insight into the applicable standards and laws of your specific State, your case's specific issues and the local Rules of Court and practices of the specific jurisdiction your legal action is governed by. You are specifically instructed : Do not proceed without first discussing this matter with your own local Attorney. This Office does not provide free legal advice by telephone. A 15 Minute Consultation can be obtained at no cost for certain types of legal cases, but to obtain same, an Office appointment is required. Provision of the answers to general questions does not constitute an act of representation, and the Attorney shall not be deemed to accept employment based upon the responses contained herein. The reader is advised that they utilize the general suggestions contained in the responses at their own risk, and under no circumstances should they disregard the advise of their present local legal counsel based upon any suggestions or opinions contained herein. Also, the bast method to discuss a case with an attorney is to do so directly, by scheduling a formal consultation in their office, bringing with you at the time of the meeting all of your relevant paperwork, including any contratcs, any Orders from Court, decrees, complaints, pleadings, etc., and any other relevant information for the attorney to review. General information via the internet is no substitute for an actual meeting with an attorney. The advice provided on line in response to the limited information is provided without charge. It is also provided without the benefit of face to face discussions, so before you act--consult an attorney in person.


I am not sure what the phrase "currently waiting for the divorce to go through" means ??? Her boyfriend MAY have the right to claim the child partially for taxes if she is residing with her mother and the bf. I am not sure if you claimed the child as well, and you probably should have, depending on the agreement with your wife.

As to custody, again, based on your statement that your are waiting for the divorce to go through, I am unsure as to where you are in the process. Did you file for dissolution ? IF so, parental rights would have been defined in that petition. Did someone file for divorce...IF so, then you can still fight for custody, and have a trial on the topic based on the best interest of the child.

It does not sound as if you have counsel, and if that be the case, I would strongly suggest obtaining your own so that you do not shoot yourself in the foot.

The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer