Can the father put the child on his taxes without being around and no court order?

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Can the father put the child on his taxes without being around and no court order?

My sons father says that he is going to put our son on his taxes next year. He just got forced to pay child support 2 weeks ago, he hasn’t seen his son sense he was 4 months old he is 18 months now) and I did not get any court papers nor papers on this matter. Can he do it anyways and what will happen if he does?

Asked on July 27, 2012 under Family Law, Mississippi

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under state and federal law in the taxation field, if your son's father is now paying child support, he is entitled to claim the sonm partially on his tax returns as a dependent. I suggest that you consult with a tax attorney or tax preparer as to the percentage that you can claim your son on federal and state returns as a dependent.


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