Legal Question in Family Law in Massachusetts
Me and my ex boyfriend but not the biological father of my 6yr old son but is on the birth certificate are disputing. If i don't claim him on my taxes could his dad use that against me in court and dss would make out to be a deadbeat mom??.,
1 Answer from Attorneys
Your question is unclear. Which father, the biological father or the boyfriend?
There is a presumption that the person named as father on the birth certificate is the father.
To be a dead beat mom, it means you do not take care of your child or don't provide support for your child such as child support payments. Tax filings on deducting a child as a dependent requires you provide more than 50% of the support of that child and it be your child.
So if you are seeking support from the biological parent, then I would not let someone else use the deduction. I am not sure what the issue is between you, the father and dss, so I can't be clearer on my answer