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Non-Custodial Parent Claiming Child on Taxes

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  • Non-Custodial Parent Claiming Child on Taxes

    I have had custodial rights of my son for 3 years and have had supported him alone for 8 years, claiming him on my taxes each year. This year, the biological father decided to e-file before I did and claimed my son. He only has him 28% of the year and is 72 weeks behind on child support. I was given claiming rights when I received custodial rights and have not filled out an 8332 form. Is the father committing fraud? I do not want to complicate our lives anymore but do not want to subject myself to liability for possessing knowledge without reporting it.

  • #2
    re: Non-Custodial Parent Claiming Child on Taxes

    I wish to inform you that for claiming exemption on taxes from child a parent can do if the child has received more than half of his support from the parent. Further, there is a requirement that the child should be in the custody of parent. Now in this the custodial parent is the parent with whom the child lives for greater part of the year. As the child has lived with you, therefore, you will be the custodial parent and not the biological father. There is a requirement for Form 8332 but however even without filing this Form the non custodial parent can have tax exemption if the divorce decree is post 1984 and before 2009. In this the non custodial parent has to show the part of the decree or agreement providing that the non custodial parent can claim the child as exempted and other parent will not claim further the year for which claim is released. If these conditions are not in decree and you also have not made any such agreement then you can also inform the IRS about false information by biological father in IRS Form 3949-A.



    • #3
      re: Non-Custodial Parent Claiming Child on Taxes

      In 2002 the agreement was set to joint custody with the parents alternating claim the dependent every other year. The father never cared for or claimed the dependent. Then the agreement was revised in 2007 when I was awarded full custodial rights, there was no specification about altering the claiming responsibility, however after receiving some information I was informed that since the child lives with my 75% of the time and that I provide 100% of the financial care that I have the sole right to claim. Is this correct or does the preceding agreement still stand?

      Thank you for your assistance!


      • #4
        re: Non-Custodial Parent Claiming Child on Taxes

        The Custody Order should outline who claims the child as a dependent.

        That said, if the father is 72 weeks behind on his child support, he has forfeited his right (if he ever had it) to claim the child on his tax return.

        Yes, it needs to be reported, as it affects your own filing status (especially if you also claimed the child for the same tax year).


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