Can my daughters father claim her on his income tax?

My daughters father owes me over 4 months in child support. Every year he tries to get me to give him permission to claim them (which I don't) I tell him over and over that he can't because 1) he owes them close to 1,000 dollars. 2) he hasn't made payment for awhile.He tells me that how is he suppose to pay his arrears if he can't claim at least one of them? This makes me laugh because every year around this time we go through the same thing. He say ' why can't he claim them if he pays. which he doesnt and even if he did he pays $68.00 for two children. Let me know what you guys think. I dont think its fair for me to allow him to claim them because their both under my care 24-7. I'm the one who provides for them regardless if he provides or not. Besides rent, food , clothing and karate classes expenses, it does add up to way more than $33 dollars per child a week.

27 Answers

  • 1 decade ago
    Favorite Answer

    they can only be claimed by one person, so as long as you do then he can't

  • sglmom
    Lv 7
    1 decade ago

    First of all, when the Child Support order was established, there SHOULD also have been a designation of who would get the Income Tax Deduction for the children in the Child Support Order too ... and that is usual. So the question is: What does your child support order state regarding who gets the income tax deduction?

    Then ... if your ex IS delinquent (and it now can be as low as 30-60 days) ... you can file with your state's local Child Support Enforcement Office, not only for the Delinquency ... but also through them request that the support order be modified as well (especially if it is greater than 2 years old).

    This is a FREE service (most jurisdictions in the US) for those of us Single Parents who have assumed the FULL TERM Responsibility because our ex-es have become Deadbeats or Abusing Deadbeats ...

    (Yes, a lot of deadbeats think that it is that little (or less) to care for a child ... you'd be surprised how many think you can raise a child for free ... and I know how much children need in school supplies, clothing, after school activities, medical care/deductibles, etc etc etc ... much MORE than just the dribble that is irregularly tossed one's way for child support).

    Source(s): Please go to your local office of the State's Child Support Enforcement Services branch, and FILL out the forms. Bring with you a track of your expenses for the year (averaged per month) for every category of expense -- from food/clothing to school supplies to after school activities. Also bring any information you know of the ex's work situation .. property, whatever -- and the record of your Child Support Order, as well as the record you have of pymts made against that order. I am NOT surprised by this ... after all I was a Long Term Single Parent who is now an Empty-Nesting Single Retiree. I've had to raise my children on my own through all their years .. and now that they are adults .. and independent .. there is STILL a large amount owed out there for child support arrearages. BUT .. because you filed BEFORE the children turned 18 -- it will BE OUT THERE for enforcement UNTIL the arrearages are paid in full. They also do Modifications -- all you need to do is to REQUEST it when you sit down with their official taking your complaint for enforcement. Personal experience.
  • 1 decade ago

    You definitely should NOT let him claim them. If anything you should be making sure that any tax return he gets ends up being taken from him since he owes you so much money. It's time to take this deadbeat back into court and get him on contempt charges. There are things they can do to guys like this...

    The ability to claim a child is based on how much each parent pays for caring for the child's expenses. If you pay over 50% of your kids' living expenses he cannot claim them unless you have something in writing through the court that allows him to claim them. He doesn't pay nearly enough to even think about claiming them...

    Good luck...

  • 1 decade ago

    He can not claim the girls on his income tax if you have custody. Even if he pays child support. The only way he can claim them is if you sign an agreement that states that he may claim them on his return. If you do this, you will not be able to claim them on your tax return.

    He sounds like a deadbeat dad. Do not sign any agreement with him. I think he can right off any child support that he pays on his income tax return. I am not sure about this.

    The cost of raising children is very expensive. $68.00 doesn't even pay for food for one week for two kids. The only ones that he is hurting by not paying child support is his own children. I can see why you are not with him now. He only cares about himself.

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  • Anonymous
    1 decade ago

    68 BUCKS FOR 2 CHILDREN!!! Where do you live?

    He can only claim them if you don't. Do you work? Are you planning on claiming them? If not and they are going to go unclaimed let him claim them. BUT make an agreement that this is a one time deal and if he burns you that's it. If you are not claiming them it doesn't hurt you in any way. If it helps him get out of the hole he might want to stay caught up and so he might do right. You can easily write up a contract stating the agreement and get it notarized. He should be willing to not only catch up on his payments but give you a little something extra. That's if he's a fair person.

    One other thing, in California the state return would be intercepted to settle arrears so you should be getting paid soon.

  • Tink
    Lv 5
    1 decade ago

    I could see if he paid more than he does that he would deserve a tax break (because he has to pay taxes on the support he pays while you dont on what you receive), but if he is behind and not supporting them anyway I dont see why he thinks he should be able to claim the child he isn't supporting!

    When I got my divorce I allowed my ex to claim one of my two boys every year because I thought I was being fair (and he paid $200 per week in support). Now 5 years later he is $14000 behind in support and still gets to claim one of the boys every year (because it is in the divorce). I can go back to court and change it but claiming my son will make his tax return larger so I can get more money from him that way (thats the only way it seems anymore).

    So to answer your question, if he is not paying, he should not be able to claim one of the children. If all he is paying is $68 per week he should not be able to claim one of your kids and you should not even consider it. Men who arent supporting their kids dont need to be complaining about finances. Give me a break.

  • 1 decade ago

    Depends on what the judge said when child support was set. I just talked to my lawyer about this same subject. If in your paperwork it says that he gets to claim them every other year then you have to let him or you will be held in contempt. Let him be the only one to be held in contempt. It sucks trust me! I am going through the same. BUT....look at it this way, if it is his year to claim them then the government will take all his taxes and give them to you. By the way on the year that he claims them you ARE allowed to claim them as a non live in dependent. That is what H&R block has been doing with my taxes. My ex owes me over $2000.00 back support for one child!!! I go to court on Friday. Good luck to us both

  • 1 decade ago

    If you have custody of child and pay for their living expenses then YOU should claim them on your return. If he fraudulently claims them you should notify IRS plus your state Attorney General's Office for recourse. They can also help is recovering back child support owed - even if you do not have a court order.

  • 1 decade ago

    Whoever the child physically lives with the most months of the year wins the deduction. If she lives in your home over 6 months of the year and is enrolled in your area school district with your address on her school records, you win. If he tries to file and has filed first and claimed her, You file and claim her too. They will ask you both to prove her living status and that you will have and he will not. He will have to pay penalties and pay back any funds he received for claiming her.

    Hope this help it happen to me the same way and this is what happens.

    Tracylyn S.

  • 1 decade ago

    I claim all three of my kid's father gave up asking a while ago because I wouldn't budge!!!! he pays child support but who cares!!! he has had 3 other children since and he's not allowed to claim them either!!! PUNK!!! good for him ...and you should find out where this one is working and take the info to child support and let them know he behind on his little $68.00 a week for 2 kids. shame on him!!!!

    keep taking care of your kids will pay off and its paying off for you and them already!!! God Bless

  • Anonymous
    1 decade ago

    as long as you claim them first. He can't. Only one person can at a time. No I don't think that is fair to you and I am sorry that you are having to go through this. SOME men/fathers are just pigs. I would also talk to a layer just to keep is safe.

    Good Luck, God Bless!

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