non-custodial parent trying to claim child on taxes

This is a discussion on non-custodial parent trying to claim child on taxes within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; My ex and i have never been to court, no parenting plan and he has chosen to not have any visitation or contact with our son as of April 2012. ...

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    non-custodial parent trying to claim child on taxes

    My ex and i have never been to court, no parenting plan and he has chosen to not have any visitation or contact with our son as of April 2012. Every other year, in past years i have agreed to let him claim our son. it was an agreement we came up with while he was having weekend visits. There was a paper we got from the irs that required i sign, date, and specifically state the year in which i was allowing my ex to claim our son. I have all these paper from years past and i have never allowed future years. After talking to my tax professional i was informed that claiming a child on one year then not claiming him the next to put a red flag on my taxes. However i have also been insure i have done nothing wrong and would not get into trouble. My ex however, if audited may have to provide proof that he has supported this child 50% of the time and that HAS NEVER happened in our son's 8 years of life. THis years if my year and i have informed my ex of that however with him all of a sudden deciding to not have contact i am a bit worried he may try and claim him anyway or cause trouble for me. My husband and i are in the beginning stages of getting my ex to relinquish his parental rights so we can do a step parent adoption. Its just beginning and we have a long way to go. I have chose not to let my ex claim our son in the next years since he has chosen to not have contact. I do not want to lie to the irs agreeing that he has had our son 50% of the time when i knows its no where close to the truth. I want no part of this. We have not filed yet, not even received our w2's but i am slightly worried this year may cause trouble. Any legal advice or experience on this issue would be helpful. Reminder, there has never been court papers, a parenting plan or anything like that. My son has always lived with me and my husband since 18mths old and we have provided 100% support and living arrangements. my ex only had weekend visits occasionally and that has stopped as of April 2012, by his own choice


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    It seems pretty simple to me. If you meet the IRS requirements for a dependant, (lived with you for more than six months of last year) then you can claim them. If your X also claims them, and the IRS brings it up it should be easy for you to demonstrate that they lived with you not him.
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