Date:  Fri, 19 May 2006
From:  Jennifer

My son’s father and I are currently in the process of writing up our court papers for visitation and support in Indiana. We were never married.

Since we were never married, does he have any right to claim my son as a dependent on his income tax returns? I make way less money and can’t pay my bills without the exemptions I claim.

I am worried that he is going to want to provide that we have to alternate claiming the exemption on alternative tax years. Since we were never married, does he have that option?

Answer

Date:  02 Jun 2006

Hello Jennifer,

You have said this man is your child’s father. This does provide the possibility that he could claim your child as his dependent. If the child is living with you for more than one-half of the year, you are entitled to claim the child as your dependent by default. He can only claim that your child is his dependent if you agree to waive claiming the exemption and to let him claim it.

Good luck!

Mike Gray

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