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    latinbarbie84's Avatar
    latinbarbie84 Posts: 1, Reputation: 1
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    #1

    Jan 16, 2009, 12:45 AM
    Non-custodial parent claimed child on his taxes
    Hi I just found out that my child's father claimed my 4 month old son on his taxes! Before I did I am so pissed and I want to know if there is something I ca do about this? And the sad thing is he does not support or see him at all.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 16, 2009, 06:38 AM
    Quote Originally Posted by latinbarbie84 View Post
    hi I just found out that my child's father claimed my 4 month old son on his taxes! before i did i am so pissed and i want to know if there is something i ca do about this? and the sad thing is he does not support or see him at all.


    Go to Court and get an order for custody/visitation/support and ask that the exemption be specified - who gets it and which years.

    How did the father get the child's SS number in order to file?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 16, 2009, 06:58 AM

    File them on your taxes, include a letter explaining that you are the custodial parent, include a copy of the court order perhaps showing you were awarded custody of the child.

    In most custody orders it will tell who gets to claim the child which year.

    Also start enforcing the child support order you have gotten in court.

    ** I say this with a feeling you have never been to court, which you need to
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jan 16, 2009, 07:06 AM

    Just file your own return claiming your son. As noted, include a note stating you are the custodial parent and he provided no support. Let the IRS decide who's return to accept.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Jan 16, 2009, 01:53 PM

    Your court order would state as far as support is calculated who the return belongs to. That only applies to States that take actual figures into account and not states that rely on a percentage basis alone.
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