Q: My son lives with me and goes to school by my house, me and his mother do not have a court order in place
We can not come a a agreement on who gets to files for him on taxes, what can I do about this legally without us having custody order out in place.
A: Take turns. Each one of you will claim him in alternating years. This assumes you share physical custody. If one parent has more than 51% physical custody, i.e. the child lives with one parent more days out of the year than with the other parent, -- greater than 51% custody -- LEGALLY (per the IRS code) that parent claims the child as a dependent on his/her taxes.
A: By law, the person who has the child more than 50 percent gets to claim the child as a dependent, unless the parties agree otherwise and fill out the proper government form to formalize their agreement; or a judge orders the party who would otherwise get to claim the child to fill out the form so that the other parent can claim the child.
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