ANSWERS: 3
  • LMAO - he wouldn't file $hit! His wife is entitled to ALL his assets.. including his taxes. So your son would be 'their' little tax exemption... and that would be a cold day in hell if you ask me
  • Who is the child actually dependent on? If you are doing all the caring for the child, you need to file him on your taxes and stay away from "Daddy Dearest".
  • Is he paying child support? If so, this needs to be documented, preferably in a court order. This helps establish a financial record and helps with the legal documentation that Uncle Sam likes to see. Of course, he's the one who needs to maintain these records anyway if he's going to claim an exemption. The IRS needs one of three documents for him to claim the child as an exemption: 1. Form 8332: Release of Claim to Exemption for a Child of Divorced or Separated Parents. 2. Form 2120: Multiple Support Declaration. 3. Copy of a divorce decree releasing the claim of exemption for the dependent child who did not live with him due to divorce or separation. Since the two of you were never married, and thus not divorced, this makes getting such things as child support and tax exemption claims documented on a court order even more important. This is easily enough done. The two of you can go through your attorneys and have such a thing drafted up by mutual agreement and then go to court and have a judge finalize it. I did this concerning child support with my ex wife long before the divorce was finalized. I was paying voluntary child support and asked my attorney to draft up a court order to have it officially documented that I would pay X amount each month as child support. This did several things for me, the most important of which was to protect my interests in child support documentation AND to protect my children's right to receive child support. If this man is NOT paying child support, I think you can STILL let him claim the child as a dependent if you choose to, so long as he is, in fact, the legal father of the child. I wouldn't recommend this, though, because that means he gets paid money form Uncle Sam for nothing. Another thing to ask yourself: Who needs the tax return more, this guy and his family, or you and your child? This in not meant to reflect selfishness, rather a practical evaluation of who should benefit the most. As the custodial parent, andy tax benefits would directly affect your ability to better provide support to your child. I have three children by me ex-wife. In the divorce decree, I am entitled to claim two of them on my taxes and she claims the remaining child. I pay child support as part of my responsibilities, so this is why the judge awarded me this in the divorce decree. I send in copies of my divorce decree each year with my taxes. I highlight my name, the ex-wife's name, the applicable parts of the decree which specifically name the children I am allowed to claim, and I pen in everybody's social security numbers. I also include copies of the children's social security cards. This takes care of the practical part. Now for the answer to the other part of your question: is his wife entitled to the benefits of his claiming an extra exemption on their taxes? The short answer is YES. They are a married couple. Any and all properties and monies are shared by law, unless there is some other legal action which precludes this. His claiming your child as an exemption is not likely ever to be included in such a legal action, unless they should divorce.

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