Can my ex sue me for child support if she doesn't claim our son on her taxes? SHe let's her mother claim him.?

She lets her mother claim our son so they can both get more money because in the state of Florida you can only claim 3, (it might even be 2, i'm not sure) children and she has 4 total.

We had a verbal agreement that I would pay what I could which I have upheld. Recently I fell on hard times and don't have a job so she is upset that I won't give her my last dime.

4 Answers

  • Favorite Answer

    Yes, and you have not been paying any child support, you have been giving gifts, so she can file for retroactive child support on you.

    You better get your hairy @ss down to child support enforcement to set up a voluntary order because right now she has the power to nail your nuts to the wall.


    Federal Child Support Enforcement Handbook for Non-Custodial Parents


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  • 5 years ago

    Sheila, I am sorry, it really sounds like you are out of luck here. Qualified tuition and related expense deduction can be taken only for yourself, your spouse, or a qualified dependent. Since he is claiming your son, he gets the benefit of the deduction. This is extremely unfair since you have paid all the expenses from your own pocket, but that is how it is. That is why it is important to consult with a CPA for the potential tax consequences before entering into any custody arrangements. Todd G made some excellent points above me. However, it is actually not important *who" pays the expenses. "Higher education" and "qualified student" are the terms of importance in the first two steps. By the way, he wouldn't even need the actual form. In extra case, he can always contact the school that issued it and get a copy.

  • 9 years ago

    Taxes have no bearing on your responsibility to support your children. Parentage, which you admit, alone determines the liability.

    Participate in the court process so that a fair conclusion is possible, then comply with the orders of the court. Support your children.

    Source(s): Experience, thrice divorced.
  • LILL
    Lv 7
    9 years ago

    You owe child support regardless of how you ex files her taxes. One has NOTHING to do with the other.

    BTW...If you only have 1 dime belongs to your son.

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