I have legal custody of my son, have always live with me.Dad pays 100 weekly for child support.He claim our son on his tax as dependent without asking me.

[faamily1990]

I found out when my tax child credit was denied because child was claimed already by somebody else...i did not signed any form for his dad, he didnt even tell me he was going to claim him.. what do i do. I paid private insuramce for more than 6 months.

[Vanessa · Accepted solution]

You will need to print and mail your return to get the credits for your child.  The IRS will then use the Tie Breaker Rules to determine who gets to claim him.

If your son lived with you for the entire 12 months, then you would be the one only one who could claim him as a qualifying child since one of the criteria is the child has to live with you for more than half of the year.  Child support does not determine who gets to claim the child. 

[faamily1990]

I have the 3949 A form ready to send it with school and address proof that my son lives with me...will this help? Or has to be my tax return?