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stacymed0803 · Feb 26, 2010, 04:27 PM

My son's father decided to claim our son on his taxes but he does not have custody so when I asked him if was going to give me the money he said he'll give me half but ration it each month as m child support instead of paying out of his pocket. Can he do that?

Blue Angel · Feb 26, 2010, 04:42 PM

If he does not have custody then it is illegal for him to claim your child on his taxes. I would consult your tax professional or laywer about what steps you need to take. Sorry I couldn't more of a help.

Fr_Chuck · Feb 26, 2010, 05:54 PM

Does the chlid custody agreement allow him to claim the child, If not, he just can't "claim them" that is illegal You can not give him permission to do it, it has to either be allowed in the custody agreement or he just can't claim it.

Any money he pays you, and says it is child support is child support

ScottGem · Feb 26, 2010, 06:01 PM

Why isn't he paying child support?

As noted, he cannot claim the child unless it was agreed to in the custody agreement or you give permission. If he already filed tell him to turn over the savings to you or you will file claiming your son and let the IRS sort it out.

stacymed0803 · Feb 26, 2010, 11:03 PM

All your answers have helped, thank you. The thing is, we never went to court or anything. We have a verbal agreement as to what he'll pay every month. I did speak to a lawyer after he left and they said that since he left I have full custody. He also left for another state so he can't do anything with our son unless he comes to our state. But I will most likely take him to court now. The only reason he got back as much as he did was because he claimed our son and so I believe our son should have the money for whatever he needs and my son is only 2 so the money should go to me to provide for him. And his father should still pay what we had agreed on top on what he'd give us for the taxes. But I could be wrong.

ScottGem · Feb 27, 2010, 04:54 AM

You leave yourself open if you don't formalize any agreement with a court order. As for claiming your son, a court order is not necessary to prove custodianship. The very fact that he lives in another state, will show the IRS he is not the custodial parent. This form http://www.irs.gov/pub/irs-pdf/f8332.pdf has instructions about who can claim the child. If you did not sign this form, then he is illegally claiming the child. So I would suggest you send him a link to this form and tell him that if he doesn't fork over the amount of the refund he got by claiming his son, you will file claiming him and the IRS will come after him for falsely filing a return.