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Mom_of_3_82
Tax Time
February 4, 2013 at 8:37 PM

Ok ladies I have a question for anyone who has been in this situation before.

My ex-boyfriend and I have a son together. We broke up when our son was a yr and a half. He will turn 10 in April. Back when we first broke up, we went to court settled on Joint custody but our son would live with me, visitation, certain amount of child support and both agreed he would claim him on his taxes. A few yrs later, when he went to a day shift he would pick our son up from school a few days during the week and have dinner with him, and would have him on weekends. With him seeing our son so much during the week and on weekends we lowered the child support considerably low. About a yr after changing the child support My Husband was transfered with his job an hour and a half away from where we had been living. In the decree I signed with my ex long ago, I agreed that I would not move-away with our son. When I told my son's father, he was ok with it as long as I worked with him on him seeing our son. It's been 2 yrs since we moved here. I have never increased his child support and he only sees our son 2 maybe 4 days a month. My Husband is upset because I dont get much help from my sons father and yet he still claims him on his taxes. So, last week when my Husband went and did his taxes ( I was running late but met up with him at the tax place) he claimed my son. Now my ex is mad. Says hes gonna take me to court and sue me for the money and then he's gonna sue me for custody of our son. I did not claim him. My Husband did since he is the one who supports my child. WIll my Husband get in trouble for doing this? Any help or advice would be greatly appreciated:) 

Replies

  • bigmama423
    Liz
    February 4, 2013 at 8:53 PM
    Sorry I have no idea. Seems like your husband should be able to claim him though.. It would probably be best to talk to a tax pro. maybe a lawyer.
    Good luck, sounds like a mess.
  • hayliedlr
    February 4, 2013 at 9:19 PM

    He shouldn't get in trouble if you file jointly but if it is in the court order for your ex to claim him then your husband might get in trouble. not sure though.

    I have always been asked if anyone can claim me or my kids before we start.

    Good luck

  • marchantmom06
    February 4, 2013 at 9:24 PM
    If its in a court document YES he will get in deep shit.
  • Kris_PBG
    February 4, 2013 at 9:59 PM
    Definitely time to seek out an accountant or tax lawyer... You'll want to know your rights...
  • Kmakksmom
    February 4, 2013 at 11:26 PM

    If your ex claiming your son on his taxes are in a court order, then yes...your husband can more than likely get in trouble.  Court orders are pretty black and white...there are no gray areas.  If there isn't a court order about that, then I don't see a problem with it since your husband takes care of your son more than his dad does.

  • Lindalou907
    February 5, 2013 at 5:23 AM

    It makes a big difference, and you won't get away with it because the IRS matches up the social security numbers as far as I know. So one of you should file an amended return. Maybe you can take turns every year taking the deduction, not sure about that.

  • bethatperson
    February 5, 2013 at 3:25 PM

    Since in your agreement in the beginning you agreed that he can claim your son every year, he has that right to do so. They will make your husband pay back the amount he got from claiming him. It even asks on the tax paper if anyone else can claim your dependent. To get it switched , you would have to go back to court.

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