Legal Question in Family Law in New York

ex claiming son on taxes

I tried to file my taxes electronically and they got bounced back to me, saying my son had already been claimed. I found out it was my ex husband.

My son is 15 years old, and when his father and I divorced a few years ago and i decided to move about 1 and 1/2 hours away and we gave my son the choice of what he wanted to do. he wanted to live with me but go to school where he had gone his whole life. in the divorce papers i have custodial custody. my son chose to continue going to the same school. his father said rather than him pay the child support to me, he would let our son stay there during the week and attend school from his house. i pick our son up every friday night and bring him back on sunday evening. i pay for his school clothes, supplies ect...

i am just wondering if there is anything i can do? thanks for your time and help.


Asked on 2/04/07, 1:59 pm

2 Answers from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Re: ex claiming son on taxes

You will need to coontact an attorney and may have to go to family court to sort out the situation.

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Answered on 2/04/07, 4:56 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: ex claiming son on taxes

The 2006 IRS rules state that the parent w/ whom the child lives more than 50% gets to claim him unless there is a signed waiver (IRS form) from the other parent.

Go on their web site and see if you meet the test for claiming the child as your dependent. If you do, you could go to court.

Perhaps you and your X can alternate even/odd years. You still need to file the waiver form every year signed by X.

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Answered on 2/05/07, 9:44 pm


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