I am currrently living with my boyfriend and I am almost 3 months pregnant. He and I are planning to get married soon after our child is born. He already has another child, a two year old with his ex, whom he was with for five years. He has just recently established child support payments and they have a set schedule for visitations, which they usually abide by with no conflict. The only problem is that this year she's saying that it is her right to claim their son on her taxes, when she and the child lived with him for 8 of 12 months last year. Is this correct? Shouldn't he be able to claim, not only the child but his ex as well? He's not so adamant about claiming her, but we defnitely think that claiming his son is only fair. My boyfriend has been a prominent part of his son's life since he was born and has lived with him and supported him financially his entire life until last August when he and she split and she moved out of his house. There hasn't been a time that he hasn't supported him. So is it not fair to claim the child this one last time, since technically, he supported him most of last year? That brings me to my last question, the ex is also saying that since she and he were not married when the child was born, she has and has always had sole custody even though my boyfriend's name is on the birth certificate as the biological father. Which he, without a doubt is. Is this also correct? That she has sole custody? She's also claiming that since she does have 'sole custody' this is the reason she can claim the child and that my boyfriend cannot. I truly have no idea how these things work, so some insight on the subject would be of great help indeed. Thanking you in advance.

Hello break:

The deduction can't be tossed around like a football. The IRS determines who gets to deduct the child, not the mother, or the father. According to the IRS rules, the parent who contributed more than 50% of the support of the child is entitled to the deduction.

If that's your boyfriend, then he should take it. If not, then he shouldn't. If he takes it, and she does too, the IRS will come a calling. Who cares? As long as your boyfriend can document his claim, he's cool. The ex wife, on the other hand, isn't.

excon

My only question is, how does he go about documenting his claim? Cause his son definitely lived with him most of the year and he supported him this entire time. How does he prove this over the ex who's trying to unrightfully claim him as well?

Hello again, break:

Whether the ex is unrightfully claiming him or not, is between her and the IRS. It's really got nothing to do with your boyfriend. Just like his deduction has NOTHING to do with her. And, it makes no sense to argue with the ex about this. I'm sure there are plenty of things they CAN argue about that'll make a difference. This won't.

He's got cancelled checks, and other receipts showing rent and groceries and stuff. Plus, he can, if necessary, get affidavits from those who can swear that his son did live with him during that period.

Relax...

excon

Hey thanks excon.
He just wants to do what's right and what's fair. She's been making every step very difficult for him. He's going to look into ways to prove his claim so he can make sure it is all legit.