@Amie so in our parenting plan, he supposed to have her every Tuesday afternoon to Wednesday morning and over the weekend but since last February, he’s maybe had her 15 times, i’m definitely going to be talking to a lawyer or a tax specialist before I sign anything, considering I have documentation of her being with me every single day and also paying for all of her expenses throughout the year.
I think that unless you have had it modified through the court system, he still has legal right to claim her if it is his year. Unless you both have signed documents saying that you two agree that until he is all paid up to date on child support then you have legal right to claim her every year on your taxes then there’s nothing you can do about it. With that process you would have to file him being in contempt of court for non-payment of his child support and start the process of wage garnishment (if he is working). You actually can also get him in contempt of court for not following the visitation part of your parenting plan as well but if he’s a less-than-parent, I’d consider it a win that he’s not taking your child as often as he should. My sister went through this and as I recall, this was what she had to do.
I believe it depends a lot on your specific circumstances like your parenting plan, your support order and if the state is collecting and distributing support or if he's voluntarily paying.. I'm sorry you're stuck dealing with a man like this, my ex was similar. That being said, in my circumstances, I claimed my children every year that he was behind in support except for a year when He did something squirly, claimed them and suddenly the state basically stole his tax return and applied it to his back support and gave it to me 💁 I was super shocked! Definitely talk to your support officer and someone who can verify what your rights are in your situation. 🫂
Well, first I would talk to an attorney or even a tax specialist! I’m the sole parent of my child, so it’s a bit different for me. But I’m assuming if you had the kiddo 95% of the time, and kiddo lives with you most of the time it’s only fair that you should be able to claim her on your taxes. I agree with you though, I would totally feel robbed if I had a co parent do this to me. Especially if he is behind on child support. Do you have proof he’s behind on child support? I’d also bring that up with an attorney, to see what they can do. Maybe they can make it to where he claims her, but that money goes to whatever he owes you in child support. I don’t know how it works tho!