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  1. #1
    Join Date
    Feb 2015
    Posts
    1

    Default Non-Custodial Parent Claimed Child Without Custodial Parent's Permission

    My ex and I were never married and after our daughter was born we only lived with him for about 5weeks at the end of the year. I did not make enough money to claim our daughter but I told him if i agreed to let him claim her it was to go into an account an what he got back for her was to be used to pay off the debt he put me in,give our daughter the money he took from her babyshower and the rest be split evenly and he agreed. i never gave him permission or signed the papers saying he could claim her and all of a sudden he tells me he claimed her and only paying my debt and saying he has every right to claim her because we lived with him and says I'm not custodial parent even though we were never married.. I called a few tax services and they said its illegal so if i take him to court will he have to pay the money back to the irs or give it to me? I really needed the money to buy her a crib because he won't let me have the one we had living with him because his mom bought it. Though he hasn't seen our daughter in over a month and due to domestic violence she will not be at his house. hope i can get some advice thank you in advance.I am in Ohio.

  2. #2
    Join Date
    Oct 2014
    Posts
    7,429

    Default Re: Non Custodial Parent Claimed Child Without Custodial Parents Permission

    You can try to sue him in court for what he owes you under the agreement the two of you had. If the amount at issue is under your state’s small claims limit then you can sue him in small claims court without a lawyer and see what the judge says. If you win, that gives you a judgment allowing you to collect the judgment amount from him. Presumably if you win you will have to sign the waiver allowing him to claim the exemption if he needs that to make his claim to the exemption good.

  3. #3

    Default Re: Non Custodial Parent Claimed Child Without Custodial Parents Permission

    He is the father. You say you and your daughter lived with him after she was born for the last 5 weeks of the year. Does that mean she was born in November? If so, and she lived with him the rest of the year, then he doesn't need your permission for anything. She is his child and she lived with him. You can sue him for child support, but you have no claim to his tax refund. That's between him and the IRS.

    If you did not work and make enough money to file a tax return then you're not harmed in any way by what the baby's father does. What he does on his tax return doesn't affect you in any way that I can see, since you aren't filing. What he files isn't really your business, as I say, that's between him and IRS.

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