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There is a court order for child support. It is in effect as of today ( we just went to court and signed papers on 1/30/13). There is nothing in the papers that talk about tax deductions. the custody is not court order it is a schedule we have made but i do not agree to it and we have not yet gone to court for the custody matter. it rages from 53-71 hrs a week with me. he lives at both house. The father does have 3 other children at his home only one of the other 3 is his. (newborn born in decemeber 2012). visitation or custody is not court ordered.
Dear JACUSTOMER - Private custody agreements are not enforceable and mean nothing. The general rule is that the person who has custody gets the tax deduction and as of now you have custody if he is paying the support. So you can take the deduction and you can contact the IRS and explain that the father has no custodial rights to the child and that the deduction to him should be disallowed. Unless there is something in a court order to the contrary the custodial parent gets the deduction and right now you are the custodial parent. You need to get a court order for custody as well in case the father decides to keep the child and not return him. You have nothing to enforce to get him back without a court order.
so if i go ahead and claim the child on taxes i will not be at fault even if he already said he filed and claimed him?