Child Support, Tax Request from Absent Father
I have a child who is 15 and the biological father pays monthly child support. I am the sole custodial guardian of the my son and the father, by his own choice, has never met or spoken with my son. The father has recently requested for him to be able to claim my son on his tax returns until he is 18. Given that the father has never offered to see my son has never spent any time with him, does he have a legal right to claim my son as a tax dependent?
Your x-husband’s right to claim your son as a dependent on his tax returns is independent of his exercising visitation with your son.
If the Order of the court allows him to take the tax deduction, provided he is current on his child support, he can take the deduction.
If their is no Order of the court, you have no obligation to allow him to take the tax deduction.