Q: My son's father has claimed him on his taxes, preventing me from getting my refund. My son lived with me the entire year
I have contacted the IRS who agree this is not legal. They said I should contact a family law practice.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
If your son lived with you for the entire year, you should be able to claim him as a dependent on your tax return. It is not legal for the father to claim him if he did not provide more than half of your son's support and did not live with him for more than half of the year. You have already contacted the IRS and they have suggested that you seek legal advice from a family law practice.
You should reach out to a family law attorney who can help you take the necessary legal steps to resolve this issue. The attorney can help you file a petition with the court to obtain a legal declaration of your son's dependent status and seek reimbursement from the father for any refund or credit that you were denied. It is important to act quickly as there may be deadlines for filing these types of petitions.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
