Can my ex-wife's boyfriend claim my son?

[Jennelle131]

My ex-wife and I have shared custody, but he lives with me year-round (she sees him every other weekend).  We are supposed to alternate tax years, but I suspect she had her boyfriend claim him to avoid having her taxes garnished for unpaid child support. She doesn't work, but says she made enough through plasma donations to file taxes. Can he claim my son if they're not married?  Can she claim him at all if she has no income (I suspect he claimed her as well, plasma donations notwithstanding). If it's not allowed, what can I do?

[GilbertC]

No, he can't claim your son if they're not married. No, she can't claim him if she has no income.

Did you get a notification that someone else had already claimed your son? What usually happens in those instances is that the IRS will ask for both parties that claimed the child to send documentation verifying their qualifying relationship to the child and residency for the entire year. Of course, only ONE of the parties will be able to give all of the information as requested.

If the program is preventing you from e-filing, go ahead and print out your return and then mail it in. The IRS will be in touch. If you are able to e-file, go ahead and e-file, and if your son was indeed claimed by someone else (or is claimed before tax season is done) they will be in touch. They will not, by law, be able to tell you who else claimed the child.

[mgdmilitia]

I am in a similar predicament, but I am the non-custodial parent. My son lives with her and sees me every other weekend. I pay child support and am the only person providing medical insurance on him.  She also is unemployed but admitted to somehow making money. Her boyfriend claimed my son on his taxes. Is this legal? If not then whom might I contact about fixing this?