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neumann69
New Member

taxes

My sons father claims my son every other year, even though my son has never lived with him. We have a court order to this. He does pay child support but as I have said before, my son has never lived with him, we have never been married or even lived together. What can I do to stop him from claiming my son?

3 Replies
MarilynG1
Employee Tax Expert

taxes

You, as the Custodial Parent, are the only one that can claim your son every year, and file as Head of Household for the Earned Income Credit. 

 

His father can claim him only as a Dependent for the Child Tax Credit every other year, as per your divorce agreement, if you indicate that you agree to this in your return (screenshot).

 

You should consult an attorney if you want to change the terms of your Divorce Agreement.

 

 

 

 

 

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neumann69
New Member

taxes

we were never married so there is no divorce decrement, so how does that effect this.

MarilynG1
Employee Tax Expert

taxes

You said you had a Court Order, so you would need to go to court to change this.

 

This does not change what I said earlier about 'splitting child credits'.  It would apply to never-married parents as well.  

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