Check out some similar questions!

breakyou123 · Feb 4, 2007, 09:30 AM

I am currently 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 definitely 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.:confused: in Mich.

Fr_Chuck · Feb 4, 2007, 09:40 AM

Ok, what needs to happen is they need to file in court for LEGAL custody, and the get a court order as to who gets custody of the child, who gets visitation and have visitation set by the court. And also how much child support the non custodial parent needs to pay.

Also the court can determine who can or what years the child is claimed on whose taxes.

At this point both can claim equal rights to the child, but since the child is with the mother, he has no rights to demand anything from his ex.

As for this year taxes, he can not claim a ex girl friend if she does not agree to be claimed since she has her own taxes to file.

The child being claimed, well it is just a he said, she said at this point and unless they agree there is little he can really do at this point that I know of.

breakyou123 · Feb 4, 2007, 09:57 AM

The only problem is, is that she's trying to claim him on her taxes even though he has already done so. Now she's telling him that he has to change his, so she can claim him, or else he's going to get audited. The fact remains that his son lived with him most of the year. What I think is that she's only doing this because she's very greed. She knows it isn't right. I also believe that my boyfriend's residence was listed as his son's permanent residence for last year and still currently is listed as such. He's not interested in claiming her, although he claimed both of them last year, but that was when she didn't have employment and she was living off him.
Child support has already been established and he will begin paying in March what the court has ordered, so that's all settled, the only thing that remains is this problem with the taxes. All he wants to be able to claim what is rightfully his since he did support him financially for most of the year.