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HouserRW

HouserRW

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Submitted 444 days ago...

outragged1

outragged1

New User (2)

Mothers rights

I have been a single mother, of four years, i have sole full , physical legall custody of my child. The father lives in other state, and does not even come to get her on the summer visit or breaks, but they have money and it is apparent money talks. He only wants the tax cuts what do i do

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Answer 1 / 1 - Submitted 444 days ago...

HouserRW

HouserRW

Contributor (115)

If it is in your child support order that he claims the child(ren) for taxes then you need to have the order modified to you. If you do not have a support order or it is not stated in there...then you have the legal right to file every year. My guess it is in some order which you will have to get modified. Keep in mind they keep support and visitation separate so if he pays support but doesn't see the children that won't be a factor in the support order and modifying it even when it comes to taxes. (unless he pays less support based on the fact that he has them more times throughout the year). I would think you could claim the children and win in court if you had to. Doesn't seem fair that he seems to only want the child(ren) as a tax deduction...it's sad.

 

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Comment 1 / 2 - Submitted 444 days ago...

outragged1

outragged1

New User (2)

I do have a court order that states if he is caught up in child support he gets to claim her. I have sole full legal custody, and he owed back support which he ended up paying so he could claim her. I spoke with the irs and they stated after reveiw i could claim her. I do not know what to do nor do i know my legal rights.

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Comment 2 / 2 - Submitted 443 days ago...

HouserRW

HouserRW

Contributor (115)

The IRS will let you claim her and you will probably win (with them) they don't care about orders....however...the courts do and your ex can and probably will hold you in contempt of court if you claim her so your only legal recourse is to modify the order stating you claim every year or every other year. Good Luck.

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