Is there any way i can stop my sons father from claiming my son, when i support him all year?

[BobinCT]

Who does your son live with?  Or do you all live together?

[asherwayne16]

My son lives with me and his father does not. Father does nothing to help support him

[BobinCT · Accepted solution]

Given the facts you presented, you have the right to claim your son and his father does not.  If the father efiles first and claims you son then you will have to file your return on paper, claiming your son.  Be sure to attach your W2s and to sign and mail the return.  You will get your refund and, eventually, the IRS will send you both letters to clarify the situation and the father will have to repay a lot of his refund plus interest and penalties.  If the father doesn't want that to happen and has already filed, he can file an amended return (on paper), but you will still have to file this year's return as a paper return.

[asherwayne16]

His father wont file a amend, he says its his son he can claime him. So i just need to mail my return in myself? Does it take longer? And is there any way to stop him from doing this in the future?

[BobinCT]

Yes, just mail in the return.  Yes, it will take longer.  After he hears from the IRS and finds out that they won't let him do that then he will probably stop doing it. The rule is not "who ever files first wins"..  All else equal, it is who the child lives with.