My exhusband wants to claim one of our children on income tax . Ever since my kids were babies , he has not supported them and now they are 9 , 10 ,and 11 . They live with me , he does not pay any child support . He started not to long ago getting them every other weekend . I have supported them since birth . I told him no . He said he was going to try next year . Can he do that ?
1 Answer from Attorneys
He can try whatever he wants......he can try to claim them all if he wants. You have done your children a real disservice by not getting a child support judgment against their father. It is THEIR right to the support. But since he pays none, if you both claim the same child, the IRS will eventually investigate, and he must prove there is a judgment out there allowing him to claim that child on his income tax. Without that, he could be in real trouble. You need to get a child support judgment against him. You let them stay with him, which means that you trust him with them. I would not.