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  1. #1
    sandimel is offline Junior Member
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    Jun 2009
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    Can father claim child on taxes if child lives with me full time

    What is the name of your state (only U.S. law)? CALIFORNIA

    Been a while since I've posted. My baby is six months old now and the father (who is in ILL) and I are in the middle of child support. At the moment my attorney is waiting for an "expense"report from the father so we can determine if the 500.00 he has given me the last two months is appropriate according his income and to the disto-master.

    This process is not in the courts at the moment. WE are trying to get this settled between us first. The request for the expense report was given to the father a week ago. It took me 3days to complete mine. Not sure when he is going to have his ready to show.

    Yesterday his attorney advised us that the father is more than willing to place our baby(the baby that he has not interest in seeing and wants to "waive" his rights to)on his insurance. He works for the city and I'm suspecting he has very good insurance. I told my attorney that I wanted to view his plan first.

    I just received a note asking for my baby's birth certificate so she can be put on his insurance asap. I was under the impression that my attorney would supply to me a copy of the plan first. Seems like the desire to put my baby on his insurance is a major priority for the fathers attorney and the father. I thought a priority would be obtaining the "expense" report so we can establish child support for baby.

    My attorney told me that the father would be able to get a deduction on his taxes for placing baby on his insurance but it would not affect the child support calculation, does this sound right? Also, my attorney mentioned that since the baby will be with me 100% the father will not be able to claim her on his taxes as a dependent, is this correct?

    Like I mentioned, the father,at this time, has no interest in seeing her or "having a physical relationship with her" as he stated when she was born. Just want to make sure that if I supply her personal information that the father will not try and claim her as well.

    Thank You Much.
  2. #2
    CourtClerk is offline Senior Member
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    Apr 2007
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    Sitting at the computer probably rolling my eyes at your post
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    13,440
    See the plan for what? What difference does it make? All you need to know is whether or not it can be used in your area (so ask for the name of the insurer and whether it's an HMO or PPO).

    If ultimately you don't like the plan and you're not paying for it, provide your own insurance. You should be providing your own insurance for your own child anyway. Send him the birth certificate. If he signed a Declaration of Paternity, he's entitled to it anyway.
  3. #3
    Concerned33 is offline Member
    Join Date
    Jun 2009
    Posts
    66
    He probably meant a tax deduction in the sense that the additional premium for adding the baby (if any) on his plan will be taken as a pre-tax deduction from his pay, hence the tax break for dad. And your attorney is correct, you have the baby more than 50% of the year and provide more that 50% of support for the baby, you get to claim the baby.
  4. #4
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    53,942
    Quote Originally Posted by sandimel View Post
    What is the name of your state (only U.S. law)? CALIFORNIA

    Been a while since I've posted. My baby is six months old now and the father (who is in ILL) and I are in the middle of child support. At the moment my attorney is waiting for an "expense"report from the father so we can determine if the 500.00 he has given me the last two months is appropriate according his income and to the disto-master.

    This process is not in the courts at the moment. WE are trying to get this settled between us first. The request for the expense report was given to the father a week ago. It took me 3days to complete mine. Not sure when he is going to have his ready to show.

    Yesterday his attorney advised us that the father is more than willing to place our baby(the baby that he has not interest in seeing and wants to "waive" his rights to)on his insurance. He works for the city and I'm suspecting he has very good insurance. I told my attorney that I wanted to view his plan first.

    I just received a note asking for my baby's birth certificate so she can be put on his insurance asap. I was under the impression that my attorney would supply to me a copy of the plan first. Seems like the desire to put my baby on his insurance is a major priority for the fathers attorney and the father. I thought a priority would be obtaining the "expense" report so we can establish child support for baby.

    My attorney told me that the father would be able to get a deduction on his taxes for placing baby on his insurance but it would not affect the child support calculation, does this sound right? Also, my attorney mentioned that since the baby will be with me 100% the father will not be able to claim her on his taxes as a dependent, is this correct?

    Like I mentioned, the father,at this time, has no interest in seeing her or "having a physical relationship with her" as he stated when she was born. Just want to make sure that if I supply her personal information that the father will not try and claim her as well.

    Thank You Much.
    I'll bet my last dollar that your attorney did NOT say that the father WOULD be able to get a deduction on his taxes. Rather, I'll be he said he MAY be able to get a deduction on his taxes...

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