Q: Can I claim my son on my taxes his mother couldnt, even if in our court order it says she gets to claim him?

A: Hello,

According to the custody agreement, your son's mother has the right to claim the child on her tax return. This agreement doesn't change even if she doesn't qualify for the child tax credit. So, you can't claim the child on your return without her agreement.

Here's a possible solution: If she agrees to fill out IRS Form 8332 for the tax year, you could then claim the child on your return and potentially get the credit.

Wishing you the best of luck!

A: If your court order states that your son’s mother gets to claim him on taxes each year, then she is legally entitled to do so, even if she didn’t earn enough to benefit from the credit. The IRS follows court orders, but it primarily looks at who has the right to claim based on tax rules. Typically, the custodial parent is the one eligible unless they sign Form 8332 to release the claim to the other parent.

If she cannot claim him and she has not signed Form 8332, you might face legal issues if you claim him without her permission. Even if she does not use the credit, the agreement in your custody order still holds weight. If you go ahead and claim him, she could potentially take legal action, and the IRS might reject your claim if she disputes it.

It’s a good idea to talk to your son's mother and see if she is willing to let you claim him this year. If she agrees, she should sign Form 8332 to officially allow it. Without that, claiming him could lead to complications with both the IRS and the court.