Dependent Filling

[pitrepamela]

Hello, 

I have been the sole care provider for my son for 14-years and now that he is getting older he is requiring more. the father of my son was required at birth to pay $158.0 in child support. moving forward I just took him to court, and they have increased his support to $500.00 a month and he asked if he could file the child every other year. The judge granted it. But I asked the judged not to. Cause I don't trust my son dad with his social security number. Can I request to have another judge look at this I do see he would have to sign the 8837 form before filling him before he can do anything, he does a lot of things under the table, and I feel he will use my son social security number for his own personal gain. What can I do?

[DoninGA]

You need to discuss this with your attorney.  You are asking a legal question which is not appropriate for a tax and tax return forum.

[Hal_Al · Accepted solution]

As others have said, that is a legal question, not a tax question.

That said, what the judge has ordered is very common (that the non custodial parent claims the dependent every other year).  Based on what we see in this forum, you're unlikely to get another judge to do it differently.

You (not him) have to sign form 8332 and give it to him to file with his tax return.  If he tries to file the dependent on your year, there's simple fix. He can't "get away" with doing so. 

Be aware, that there is a special rule in the case of divorced & separated (including never married) parents. When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons. The tax benefits may not be split in any other manner.

Note in particular that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child, even when the custodial parent has released the dependency to him.

 So, it's good idea to let the other parent know that you will be claiming those items, as many first time divorced parents are not aware of this rule and may try to claim those items, which will cause the IRS to send out letters.

[pitrepamela]

Hello,

If I stop the child support that not even being paid. Do you think the judge will then remove the verdict for my son dad to file my son I don't feel save providing him with his social security number 

[xmasbaby0]

@pitrepamela We cannot give you legal advice.   If you need legal advice, you should ask an attorney.