Hi! If the final judgement for paternity was still in proceedings, is it legal for me to claim the child in 2016, although the papers state that I get odd years?

[greysmom4]

My ex served me with paternity papers regarding our baby in March of 2016. The final judgement was not sealed until August of 2016. In the final judgement which his lawyer wrote up and had reviewed, it says that I can claim her odd years and he can claim her even years. Well, I claimed her in 2016 bc there was no plan in place, so now he is trying to contest that I get to claim her again in 2017, but I am doing what the court papers say now that they are legally binding. Am I doing the right thing?

[MaryK1 · Accepted solution]

Yes, if the current agreement in place says you get odd years, 2017 is the odd year.  You can (and should) file your return with the dependent.  The only legal way he can try to stop you is to go back to family court, but he will still lose because it is the agreement.

[greysmom4]

Thank you for your help! My main question is ‘did I do anything wrong by filing in 2016, bc there was no plan in place and I was told it was whoever claimed her first at that point?

[MaryK1]

No, if the decision was not final until August 2016 but you had already filed your tax return, he cannot force you to change 2017.

[greysmom4]

Thank you so much for answering my question!

[MaryK1]

You are welcome.  Please post any other questions you have