never married non custodial parents wants to claim child every year

[macli]

What is the name of your state? Illinois

I was never married to my sons father, he does pay child support but has not seen his son in 7 years. After 5 years I decided to modify child support as my son is costing me more as he gets older. I am a single parent. He does claim his son every other year. He called furious and said he would get a lawyer and claim him every year if I went for a modification. Does he have a right to do this and what are his chances of getting to claim his son every year. I read something about a law for never married parents and wonder will this help me.

 

[Snipes5]

This is actually more of a family law question than a tax question.

It is true that never married parents have to have an IRS form in order to claim a child of whom they do not have custody, however, if a court orders the custodial parent to sign it, it has to be signed.

Sounds like it's time for you to hire an attorney.

Snipes

 

[macli]

Never married parents

Thank you Snipes5 for your reply. I wasn't sure if TaxLaw could help answer my questions (I am new to this site) but FamilyLaw was full and I just wanted a little insight on my issue. I do not have a problem with signing any forms for the father to claim should the court decide that is the proper way to go. I just "personally" feel it should be every other year since he does not visit the child. I have know the father since I was 13 years old, not that, that makes a difference but I am not out to just get this man. I am trying to survive as a single parent caring for my child on my own. Again, thank you Snipes5 for your help and caring reply. It helps just when people you don't know are kind enough to reply with a kind tone. Sorry to others that I am on the wrong site.

 

[abezon]

Let him take it to court. Whether he gets the kid every other year or every year, ask the judge to make him getting to claim his son contingent on his CS being paid in full by 12/31. The judge will also look at everyone's income & determine the appropriate amount of support. If you got more support & got it on time, you'd be willing to let the guy claim your son, yes?