Legal Question in Family Law in Texas
claiming dependent children
unmarried couple, no longer together. i (mom) have both boys ages 2 & 4. nothing on paper as far as child support, etc. he was paying a little hit or miss for a couple of months maybe $800 total for the year. although i have a job, me and the boys live with my mother who pays almost 100% of our living expenses. boys father now telling me he is going to claim 1 of the boys on his taxes no matter what I say. Do i have any recourse here or is it going to come down to who files first? Please help me
1 Answer from Attorneys
Re: claiming dependent children
It is NOT who files first, it is who can document to IRS that they provide over 51% of the child's support. When you both claim the child, IRS will notify you both to provide proof of support. It sounds as if it will be easy for you to do, and difficult for him to do.
BTW, you do know that you need to go to court and get a court order regarding conservatorship, support and visitation (and paternity).
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