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claiming the child as a dependent

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onmytime

Member
What is the name of your state? AZ

Does anyone have any advice on how claiming a dependent works? I have a 12 yr old and her father and I get along great. I also claim her every year. However I am going through a custody/visitation/support with my son's father. His attorney requested that my ex claim our child every year. Like hell he will. Just recently my son's father has been very nasty and rude with me and it has become apparent that I need to look out for my better interest and the civility of the relationship is gone. I am asking for SOLE custody (especially since some decisions my son's father has recently made are very poor ones). I don't feel he will harm our child but feel that he has not taken enough interest or time. He has been sparatic with child support and visitation. Nothing has legally been established but one would think if he wanted to prove to the court he is fit and an outstanding father he would do his part.

I know there are bigger issues than tax refunds and who claims who, which I have already taken care of. However I don't want to leave any detail out and then regret I didn't address it or have to live with it. I feel at this point I have & am doing all the work therefore why should someone benefit because he is legally his father without putting in the work. Do I have to switch tax years with him if I have our child all year? And why should he be able to claim him at all if he is not regular with child support or visitation? What advice do you all have?
 


haiku

Senior Member
As an incentive to pay support on time the NCP is often given a deduction, especially if the CP makes less than 20,000 a year.if the CP makes more the court may order that the years alternate.

Certainly you can push for the deduction all for yourself, it can be one of many bargaining chips during the mediation process. but if it does not go your way in the end, make very sure it is stipulated he must be current with his support, to take the deduction, before you finally sign a thing.
 

onmytime

Member
haiku said:
As an incentive to pay support on time the NCP is often given a deduction, especially if the CP makes less than 20,000 a year.if the CP makes more the court may order that the years alternate.

Certainly you can push for the deduction all for yourself, it can be one of many bargaining chips during the mediation process. but if it does not go your way in the end, make very sure it is stipulated he must be current with his support, to take the deduction, before you finally sign a thing.
Thank you that information was most helpful and I will make sure I mention it to my attorney. As of right now he would be considered in the arrears.

Thank you!
 

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