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swaccc
New Member

My daughters is 14, her biological father just came into the picture two years ago, he never sees her and is behind in child support, do I have to let him claim her?

When I became pregnant the "father" took off, I got married, my now ex husband, is listed as the father on her birth certificate, he has regular visitation with her and so on. Her bio dad came into the picture two years ago, he was ordered to pay child support, which he is $6000 behind in, and granted visitation (which he has seen her twice in a year) he now wants to claim her on his income tax because our parenting agreement the judge ruled he could claim her for even years. Do I have to let him claim her?
5 Replies
Carl
Level 15

My daughters is 14, her biological father just came into the picture two years ago, he never sees her and is behind in child support, do I have to let him claim her?

He can't claim her. Period. She did not live in his house for "more" than half that year. There's other things too. But they don't matter at this point. If he does claim her, he's breaking the law and the IRS will have a field day fining and penalizing him, as well as garnishing his pay from whatever job he may have. Also, go back to the court that ordered the child support. You can have his tax refund garnished, and paid to you directly. Might also even be able to get a portion of any paychecks he receives garnished too.

My daughters is 14, her biological father just came into the picture two years ago, he never sees her and is behind in child support, do I have to let him claim her?

In my case the father of my children stated in court that he had one over night during the year and saw them about three times. The judge than ruled that he still gets to claim one of our sons for two years and me on the third. The only stipulation they have put every time is that he must be current on support for that year (not for all years).
Carl
Level 15

My daughters is 14, her biological father just came into the picture two years ago, he never sees her and is behind in child support, do I have to let him claim her?

The IRS doesn't care what the judge may have said or stipulated. The IRS only has to follow the guidance of a federal judge. Since federal judges don't handle divorce or custody cases, that's not going to happen. The IRS has their own set of rules that must be followed, which clearly define who is the custodial parent. Basically, the custodial parent is the one at whose house the child slept the most number of nights during the tax year.
Now in cases where the custodial parent is going to allow the non-custodial parent to claim the child, the custodial parent has to provide a signed 8332 to the non-custodial parent.
So a lower court judge can very well order the custodial parent to sign the form, and hold that parent in contempt if they refuse. But a lower court judge does not and can not over ride federal tax laws.

My daughters is 14, her biological father just came into the picture two years ago, he never sees her and is behind in child support, do I have to let him claim her?

then why do judges stipulate who can claim child
Carl
Level 15

My daughters is 14, her biological father just came into the picture two years ago, he never sees her and is behind in child support, do I have to let him claim her?

Because a lower court judge does not have the familiarity or needed knowledge of federal tax law. Just because someone may have the title of "judge" does not mean they are always right or even that they know all of the legal aspects and ramifications of what they're doing. The other question to ask also, is why the representing lawyer did not question the judge on it.
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