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Sandi Hargrove, SkyHawks
Sandi Hargrove, SkyHawks, Master Tax Advisor, Enrolled Agent
Category: Tax
Satisfied Customers: 1257
Experience:  I am a Master Tax Advisor and Enrolled Agent. I have 40 years experience. Trucking specialist.
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I claim my 1yr son on my taxes his father who pays child support

Customer Question

I claim my 1yr son on my taxes his father who pays child support is gonna try to claim him on his taxes next yr. We have no court order on nothing just child support. Will he be able to claim him or not on his taxes?
Submitted: 7 years ago.
Category: Tax
Expert:  Sandi Hargrove, SkyHawks replied 7 years ago.

The parent who lived with the child for more days than the other parent will be eligible to claim the child as long as that parent is not also claimed as a dependent on another tax return.


The child must not have provided more than 50% of their own total support.


The father must have a signed Form 8332 (or it's equivalent like divorce decree or other court document) from you giving him that right.


If the father and you lived with the child equal number of days during the tax year, the parent with the highest Adjusted Gross Income is entitled to claim the dependent. This link will take you to the test for tie breaker rules to be used when more than 1 person wants to claim a dependent.


Support provided by a combination of BOTH parents is used to satisfy the support test . It does not matter which parent actually provided the funds.

Edited by Sandi Hargrove, SkyHawks on 9/24/2009 at 11:29 PM EST
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Customer: replied 7 years ago.
so it doesnt matter if he gets his ss# XXXXX not he cant claim him? my son stays with me and his father has never had him not even for visitation.
Expert:  Sandi Hargrove, SkyHawks replied 7 years ago.
This will not matter. You should continue to protect your child's ss# XXXXX case of identity theft. The father can merely contact Social Security to get a copy of the child's ss card if the birth certificate (or adoption decree) lists him as the parent.

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