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Can the father of my child claim the kids on his taxes if he isn't the legal guardian But pays child support but is behind in payments?
Wiki User
∙ 13y ago
According to the IRS, the only person who can claim a child as a dependent on a tax return is a relative (to include step parents, foster parents, etc) who provided custodial support for the child for more than 50% of the year. In other words, if the child lives with you for at least 183 out of 365 days during the tax year, you can claim him/her. If the child lived with you for 182 days or less, you cannot. It does not matter if another parent is paying child support.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoThere are a set of rules in the tax instruction booklet for determining who you can claim as a dependent. If he honestly answers those questions and it comes up that he can, then he can.
The way the rules normally work out is that it's the person the kids live with that gets to claim them as dependents, so it's rather unlikely that he will be able to unless you sign a specific form allowing him to do so (for this year particularly; it doesn't carry over from year to year), or, in some cases, if your divorce decree specifically states that he can do so.
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Your niece lives with you but you are not her legal guardian can you help her sue her father for child support she is 15 and wants me to help her?
If you are their legal guardian, you can collect child support from both parents of the child. If you are not their legal guardian and they just live with you, you do not have rights to child support.
If a fathers name is listed on the birth certificate does that make him a legal guardian?
If a father's name is on the birth certificate that does not make him a legal guardian, it makes him a father. The two are technically different. In this state a father can have guardianship without establishing it. A father can be forced to pay child support while a guardian can not.
What can you do if your child's father is months behind on child support?
I suggest you contact your State's child support agency. Be polite but persistent. Good luck!
Mothers signing off do they have to pay child support?
The father should contact the clerk of the court where the support order was enacted for information on how to rectify the situation. Even if the mother has agreed to stop support payments it is not legally binding until the court issues an order stating such. If the father is in arrears he will most likely be obligated to pay the amount before the court considers ending support obligations. Likewise, if the support payments have been made through the state's social services it may not be possible for the mother to or father to engage in the action canceling support obligations.
Does the biological father have to pay any future child support payments if the mother marries another man?
FUTURE CHILD SUPPORT PAYMENTSyes he has to pay child support payments as long as he is told todoso by the courts.now if the new husband gives your child his name and the biological father agrees tosign his rights over he will not have to payany child support payments ,but as long as he hasn't signed his rights away you can get married and still get your child child support payments.both parents has to agree to have one parent give up their partenal rights.
A father wanting to be emancipated from his child who is 18 to relief himself from paying child support he is behind on child support and wants out what can happen?
A father cannot petition for emancipation, the child has to. And it doesn't relieve him of paying back support payments.
Can you be refunded for child support payments if you are not the father?
Yes
Your niece lives with you but you are not her legal guardian can you help her sue her father for child support she is 15 and wants me to help her?
If you are their legal guardian, you can collect child support from both parents of the child. If you are not their legal guardian and they just live with you, you do not have rights to child support.
Can social security help you get child support if the father gets disability?
No, but the child is potentially eligible for RSDI payments based on his disabled father's eligibility, and these payments would count toward the father's child support obligation.
Can't find father for dna testing?
If you can't find a child's father for DNA testing, one solution is to hire a private detective or skip tracer. If there is a child support order in place and the father is behind on his support payments, there are lawyers willing to track him down on a contingency basis.
Does a father have to pay child support to a guardian?
The father is ordered to pay child support to the department in charge of support payment disbursements in their state of residence. If a person assumes legal guardianship of a child, they may apply for modification in how those payments are disbursed if they aren't already collecting them or the order states they are to receive them, otherwise, they will continue to go to the person indicated on the original support agreement.
If a fathers name is listed on the birth certificate does that make him a legal guardian?
If a father's name is on the birth certificate that does not make him a legal guardian, it makes him a father. The two are technically different. In this state a father can have guardianship without establishing it. A father can be forced to pay child support while a guardian can not.
What happens to child support payments if the father is jailed?
If the father was paying you directly, the payments will, of course, cease. If this is the case you must contact the state for assistance. If you were receiving the support payment from the state, then nothing will change and his payments to reimburse the state will become an obligation/lien against him for which he will eventually have to pay the state back.
How can you help your father get off child support if your under age?
You can't. Child support is court ordered and family services handles payments. The money is to support children your father has produced. It is his obligation to pay the support.
Can I sue my father for child support I'am 18yrs old I took an DNA to prove he is my biological father?
no, your mother (or legal guardian) has to sue
Can a father be denied visitation if he is behind on child support in TX?
no
What happens to child support payments when army father dies?
They end. The child may be entitled to Social Security benefits from the father.
