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Ex not claim child in years he's "alloted", can he just let boyfriend claim for him?

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Heather-G

Member
Ex not claim child in years he's "alloted", can he just let boyfriend claim for him?

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

Divorce Agreement says Ex claims child certain years... If he does not work enough to claim our child, can he just allow someone else to claim our child "for him?" (Such as his new live in partner?) Also to clarify, our child is not their over 50% of the time to meet any "dependancy" test... goes there EOWend and 1 night a week. (Home rest of time.) Only reason ex can claim certain years is because I didn't care at all about money and 'gave in' on that issue... (He pays no child support etc.) But if ex is NOT claiming those years it doesn't seem right if he lets someone else???
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? OH

Divorce Agreement says Ex claims child certain years... If he does not work enough to claim our child, can he just allow someone else to claim our child "for him?" (Such as his new live in partner?) Also to clarify, our child is not their over 50% of the time to meet any "dependancy" test... goes there EOWend and 1 night a week. (Home rest of time.) Only reason ex can claim certain years is because I didn't care at all about money and 'gave in' on that issue... (He pays no child support etc.) But if ex is NOT claiming those years it doesn't seem right if he lets someone else???
Tinker is absolutely right. The partner absolutely cannot claim your child, nor could anyone else except you in this particular scenario.

If dad cannot claim the child because he didn't make enough money for it to do him any benefit, then you should go ahead and claim the child.

However, the additional child tax levels have lowered to income of 3k. Therefore if dad made at least 3k, he would get a small benefit claiming the child.
 

Heather-G

Member
Yeah, he may have made over $3000 (worked in summer only) Not sure. It's not even about the money really. Even if I can't claim her the years we agreed that he could, it's fine with me. BUT I do think it's wrong for his boyfriend to claim her! I've had lots of issues with my ex and his boyfriend thinking that boyfriend is somehow a parent here..

I don't have any "proof" about the taxes...

I just have a feeling that ex is letting live-in boyfriend claim both him and our daughter on his taxes... I remember a comment he made a couple years back about how he could let his partner (or anyone he chose) claim our child if it was "his year" in our divorce papers... I've let it go, but the more I think about it, it just burns me. (Some things have happened lately where the ex's boyfriend has shown himself to be an abusive *ss to child... so the thought of him claiming her as somehow "his child" or "his dependent" makes me physically sick. Not so much about money as about the message it sends...
 

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