Legal Question in Tax Law in Florida

son and income tax

I'm 16 years old. I have a newborn baby boy.My baby's father wants to force me to let him put the baby on his income tax. I'm letting my mom put him since i live with my mother. Can he do anything about it?


Asked on 12/19/07, 8:25 am

2 Answers from Attorneys

Thomas Shigo The Shigo Law Firm, P.A.

Re: son and income tax

For the IRS to permit the father to take a deduction for a child that does not live with him, he must provide at least half of the support AND you need to file a form with the IRS (essentually permitting the deduction by the parent who does not have primary residential custody AND promising the IRS that you will not take the deduction.) The IRS will deny his deduction if these two conditions are not met. He cannot force you to do this. However, I might agree to the deduction if he is and remains current on all support obligations -- No support, no deduction.

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Answered on 12/19/07, 9:38 am
Thomas Shigo The Shigo Law Firm, P.A.

Re: son and income tax

For the IRS to permit the father to take a deduction for a child that does not live with him, he must provide at least half of the support AND you need to file a form with the IRS (essentually permitting the deduction by the parent who does not have primary residential custody AND promising the IRS that you will not take the deduction.) The IRS will deny his deduction if these two conditions are not met. He cannot force you to do this. However, I might agree to the deduction if he is and remains current on all support obligations -- No support, no deduction.

Read more
Answered on 12/19/07, 9:39 am


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