Can he do this???

[angelrk627]

What is the name of your state? Georgia...I have custody of all 3 of my boys. My oldest son stayed with his father most of last year but came back to live with me in Dec. My ex claimed him on his taxes and said that if I claimed him then he would get it back out of me one way or another even if he had to go to jail. My divorce resolution states that I am allowed all 3 exemptions on state and federal tax returns and does NOT list any conditions or clauses. The IRS told me that it did not matter how long my son stayed with his father that they go by the divorce decree. Does my ex have the right to claim him and how would the court look at it?

[LdiJ]

Originally Posted by angelrk627

What is the name of your state? Georgia...I have custody of all 3 of my boys. My oldest son stayed with his father most of last year but came back to live with me in Dec. My ex claimed him on his taxes and said that if I claimed him then he would get it back out of me one way or another even if he had to go to jail. My divorce resolution states that I am allowed all 3 exemptions on state and federal tax returns and does NOT list any conditions or clauses. The IRS told me that it did not matter how long my son stayed with his father that they go by the divorce decree. Does my ex have the right to claim him and how would the court look at it?

If it honestly makes a significant difference in your taxes to claim three children rather than 2...then by all means file a paper return and let the IRS sort it out.

However the child DID live with dad most of the year...so maybe dad really does deserve the exemption for that child.

[angelrk627]

Originally Posted by LdiJ

If it honestly makes a significant difference in your taxes to claim three children rather than 2...then by all means file a paper return and let the IRS sort it out.

However the child DID live with dad most of the year...so maybe dad really does deserve the exemption for that child.

He was only with his dad for a total of about 8 months. It also means a $2000.00 loss for me if I allow him to claim him. I have already done the math. Besides, his father gives me less than the child support guidelines now and is supposed to pay half of all medical, dental, school supplies, activities, and 1/2 of everything concerning the kids (court ordered) as well as give me $750.00 year for clothing for the kids and he does NOT. I also paid for all of my sons school supplies, his shoes, and all of his clothing with the exception of a fews shirts his dad did buy for him. My son told me that if he or the other kids there wanted or needed anything then they had to buy it themselves and that included clothes, personal supplies such as shampoo, deodorant, etc. I sent him money on several occasions to get things he wanted or needed. Getting anything from his father is like pulling teeth. So, I do not feel he deserves the exemption. I did file paper and sent in a copy of my court order.