Nashville, TN asked in Tax Law, Family Law, Child Custody and Child Support for Indiana

Q: Can i claim myself & my 6 month old on taxes this year if:

- Father & i never married

- Father doesnt get a return dur to back-taxes & debts

- Father does not pay child support

- He can claim head of household from Oct 2019 - Feb 2019 for myself & our son

- Before we separated, I txted him that he could claim myself & son this year

- However, due to the separation & inability to work (childcare, lemon car) it would benefit myself & our son if I claimed myself & the baby to put that money toward housing, fixing & insuring vehicle, getting utilities turned on, our sons needs (clothing, food, diapers), etc.

Can I still claim him if i originally told the father he could claim us both prior to separating but have since told him i need to claim us to which he replies "no can do" ?

Thank You,

A Curious Mother

1 Lawyer Answer
D. Mathew Blackburn
D. Mathew Blackburn
Answered
  • Tax Law Lawyer
  • Englewood, CO

A: For IRS purposes whichever parent provided more than half of the support for the child is the custodial parent and is entitled to claim the child.

To transfer that right to the other parent requires a Form 8332. A verbal promise is not enforceable.

Based on the information provided only I would say you were entitled to claim the child and HoH status.

I would suggest hiring a professional to avoid issues and go over your specific facts and circumstances.

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