Legal Question in Tax Law in Florida

My son's father filed his taxes and claimed my son without my permission/knowledge. My son lives with me the majority of the year and I pay for every bill that has come with having him. I do not receive child support from his father, we have no formal legal custody agreement and we were never married. Now because I could not claim him on my taxes, I am not receiving money that I need for me and my son. Is there anything that I can do to rectify this?


Asked on 7/21/12, 10:11 pm

2 Answers from Attorneys
John DeLancett Law Offices of John DeLancett, PL.

Typically, the IRS requires a written agreement between the parents as to who can claim the child as a dependent. In the absence of a custody or child support agreement or the requisite agreement, it becomes much more difficult to support the dependency claim. I suggest that you contact Taxpayer's Advocate for help. An other approach would be to negotiate with his father and get a custody and support agreement.

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Answered on 7/22/12, 5:18 am
Sanford M. Martin Sanford M. Martin, P.A.

If you have supported your son to the extent of satisfying IRS rules, you should

claim him as a dependent. You can claim him; include a note on your 1040. If

there is no marital settlement agreement authorizing either of his parents to

claim him as a dependent, you should claim him if you are/were providing

primary support for him. Merely because one parent files first does not

entitle that parent to claim the child or person as a dependent.

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Answered on 7/22/12, 5:21 am


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