Legal Question in Family Law in Indiana
Children and claiming them on your taxes
How can I prevent my son's father from claiming him on his taxes when he has my sons social security number but has no custodial rights to the child and is never up to date on his child support? He also has 2 new kids with his new girlfriend and also claims those children.The courthouse that handles his garnished child support says it's none of their concern and theirs nothing they can do about it. All my tax advisor said is to claim him on my taxes anyway and when they see that 2 people have claimed the same child at the end of the year we would both get a letter from the IRS stating that one of us would be audited, and then I would have to send in proof to them that the child has lived with me for more than six months out of the year.Because when he goes in to have his taxes done they ask you that and he just tells them that he has which is a complete lie.I have sole custody, he does not even have any visitation rights,and yet he does this to me every other year and gets away with it. Their has to be some kind of legal document that can be put into order that can stop him from doing this without me having to have him audited on the years he decides to claim him. If you could get back to me I would appreciate it.
2 Answers from Attorneys
Re: Children and claiming them on your taxes
You already have the only legal document that matters - a decree saying you have sole custody. Your tax adviser is correct - claim the child. The IRS will sort the matter out and come down on your ex. If he files before you do, just report it to the IRS.
Re: Children and claiming them on your taxes
I can not tell from the facts presented whether the court order for custody specifically mentioned the deduction. Some orders do, some dont. If there is such an order that does, you can file for contempt of court.
Otherwise, you have to do as your tax person suggested.
good luck
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