QUESTION: My boyfriend and I separated but not married. We had a 3 yr old son. Now my ex wants to file tax and wants to claim our son as his dependent since I'm currently unemployed and he said because he is still the father and he pays child support. But I am the custodial parent. Is that possible that he can do that?
MY RESPONSE: If your former boyfriend is paying the majority of your son's support expenses, it is appropriate that he gets the dependency exemption for your son, especially since you are unemployed - making that exemption essentially worthless to you, but valuable to your former boyfriend. If there is a pending Paternity case, you and he could prepare a Stipulation and Order providing that when you become re-employed, you would get the dependency exemption back, requiring your former boyfriend to promptly provide you a dated and signed IRS form 8332 upon your providing him written notice of your re-employment, so that you can again claim the dependency exemption for your son.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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