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claiming your child on taxes Lorelei's Mommy ♥ 1 child; Scotts Valley, CA, United States 1463 posts
14th Aug '13

Who would be able to claim the child?



I just got a job (yay) and her dead beat dad doesnt have a job so its not an issue as of now. BUT if he does start working I'd be the one to claim her right?



He only has visits 6 hrs, twice a week so I have primary custody.
Would it go to me or if he tried to fight it could a judge give it to him?

Sherri + 3 LLC 3 kids; Mesa, Arizona 3758 posts
14th Aug '13

I would think that whoever provides for her the majority of the year would get to claim her. That is what would make sense but I do not know 100% for sure.

Vicki McDonald Due September 28 (boy); 3 kids; Belleville, Ontario 927 posts
14th Aug '13

Who has legal custody? if you havent' filed , now would be a great time to do it. His track record is likely to speak for itself!

♥Mama Constantine 2 kids; 3 angel babies; Texas 5821 posts
14th Aug '13

<blockquote><b>Quoting Lorelei's Mommy ♥:</b>" Who would be able to claim the child? I just got a job (yay) and her dead beat dad doesnt have a job ... [snip!] ... 6 hrs, twice a week so I have primary custody. Would it go to me or if he tried to fight it could a judge give it to him?"</blockquote>




I think it would go to you. As long as she lived with you at least 6 months out of the year.

JellyJaks Due December 12 (boy); 3 kids; 2 angel babies; El Mirage, Arizona 556 posts
14th Aug '13

Usually whoever have the child for more than 50% of the year is the one to claim them unless otherwise stated in custody documents.



He could try to fight it but I have a hard time believing a judge would give him the right if he's not working and not providing for her that often

mommy to C, B and F 19 kids; 1 angel baby; Escondido, California 1175 posts
14th Aug '13

Were you married or have a custody order? Cause if you werent married and are primary caretaker then you get to claim the child I could be wrong though

Lorelei's Mommy ♥ 1 child; Scotts Valley, CA, United States 1463 posts
14th Aug '13

Thats what I want.
Because it says a dependent. Shes dependent on me not him.



I have her like 95% of the time. He also doesnt pay child support or work.
soo.. hahah.

Jenny&Boopy Due June 26; 2 kids; Pittsburgh, Pennsylvania 7397 posts
14th Aug '13

Whichever parent (or other person living with the child and caring for them) has the child at least 6 months out of the year is the only one who can legally claim the child on their taxes. The exception would be if you were divorced and the divorce agreement says otherwise. So you would be he only one who can claim her.

Lorelei's Mommy ♥ 1 child; Scotts Valley, CA, United States 1463 posts
14th Aug '13

ok. Thanks your all your help!

user banned TTC since Apr 2014; 2 kids; Middelfart, Denmark 15320 posts
14th Aug '13

Whoever has primary custody.

SurvivingApril 18 kids; West Virginia 174 posts
16th Aug '13

You claim her.



If he ends up claiming her cause he wants to be a dick, then they will check both your taxes and he will get caught claiming her when he has no right. You have the right considering his visitation you say he has.



But for future, I would get it put in your custody agreement, my lawyer has it stated in mine that I claim my children cause I have all custodial rights and he just has supervised visits. And he has tried to fight me on it, that's what it is in black and white now.

Samefa Delano, Minnesota 398 posts
21st Aug '13

the person who has the child the most nights out of they year can claim them-straight from the IRS website..none of this other nonsense people are saying

mom2andrew&carter 18 kids; Leesburg, Florida 2159 posts
22nd Aug '13

im claiming both my kids on my taxes just like i did last year. I have them the majority of the time. Their dad buys them their diapers but thats it. He hasnt paid anything towards child support that hes suppose to.