Temple Hills, MD asked in Family Law, Tax Law and Child Custody for Maryland

Q: Does my sons father have the right to claim him as a dependent on taxes without my consent?

My son lives with me and goes to his fathers house every other weekend(Friday night and returns home Sundays) he has threaten to claim him as a dependent he also pays child support and we split child care expenses

1 Lawyer Answer

Mark Oakley

Answered
  • Rockville, MD
  • Licensed in Maryland

A: He can claim him, but he will not be doing so legally. Your son does not live with him the requisite number of overnights per year to claim him; only you have the right. If you both claim him, the IRS will inquire as to these facts. Parties can, by agreement, split or alternate, by year, claiming their child on their taxes, so if you have signed such an agreement, you may be bound to it. In the absence of an agreement, you are the only parent with the right to claim the deduction based on your current custody/visitation schedule.

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