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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 3822
Experience:  30 years of experience
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My child'father wants to claim our daughter. HE DOES NOT PAY

Customer Question

My child'father wants to claim our daughter. HE DOES NOT PAY CHILD SUPPORT AND NEVER HAS. SHE IS 9 YEARS OLD AND LIVES WITH ME. I LIVE ON SOCIAL SECURITY AND WORK OMLY 12 HOURS A WEEK BECAUSE I HAVE SEIZURES. HE HAS NEVER HELPED ME WITH ANY KIND OF HELP AS FAR AS MONEY FOR SCHOOL CLOTHES, BOOKS, FEES, DOCTOR BILLS OR DENTIST BILLS. HE GAVE HER 200.00 ONE TIME BECAUSE WE WERE GOING TO DISNEY WORLD. WE HAVE NEVER HAD ANY DISAGREEMENTS OVER HER BECAUSE HE USUALLY GETS HER EVERY WEEK-END AND HOLIDAYS AND SUMMER BREAK
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Ohio
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: When we were together, we would file and split the return but I left him when our daughter was 5 because he lost his job a year or two prior to that and I paid all the bills and I got tired of doing that. He lives with his mother now
Submitted: 5 months ago.
Category: Family Law
Expert:  Gerald-Esquire replied 5 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald-Esquire replied 5 months ago.

Since she lives with you and he does not pay support he is NOT entitled to claim her as a dependent. She is your dependent.

If he claims her first, when you file your return it may get flagged. If so you only have to file by maill. The IRS will sort it out.

BUT he has no basis to claim her.

Kind regrds,

Gerald