I am divorced, since 2017. We were 50/50 custody at the time, and so we had alternating years of claiming our son on our taxes, as stated in our parenting agreement.
In 2020 my ex moved a couple towns away and no longer "could" do 50/50. He went to every other weekend and a few additional days here and there, plus 2 hrs visitation every two weeks starting in late 2021. Basically, he had between 20-22% physical custody in 2021.
I claimed our son on taxes this year (2021 taxes) b/c I meet the IRS definition of custodial parent, being I have him about 80% of the time, I pay 2/3 of the childcare costs and don't receive child support. My ex does provide health care, which is at no additional cost to him, but would cost me about an additional $800/month, which is why I never went after child support when he moved.
My ex is livid and said it was his year to claim our son. He is now saying he won't take our son for extra 3 days that I had a trip planned in March, which means I have to cancel my vacation.
Our old agreement is not valid b/c he's not doing 50/50 nor paying half of child care or any other expenses.
Did I do the right thing in claiming my son, or was I wrong?
I have a meeting w/the family courts this week to fill out forms to change custody/child support w/the courts. My ex has never wanted to do that, feels very threatened when I have brought it up, always wants to just work it out between us. Stupid me did not follow through. I did tell him in late 2021 that one of the things we needed to change was how we do taxes, but I think it was forgotten or fell on deaf ears.
If I am found to be wrong I will make corrections to my taxes. However, it just seems unfair if he gets to claim him due to an outdated parenting agreement.
In 2020 my ex moved a couple towns away and no longer "could" do 50/50. He went to every other weekend and a few additional days here and there, plus 2 hrs visitation every two weeks starting in late 2021. Basically, he had between 20-22% physical custody in 2021.
I claimed our son on taxes this year (2021 taxes) b/c I meet the IRS definition of custodial parent, being I have him about 80% of the time, I pay 2/3 of the childcare costs and don't receive child support. My ex does provide health care, which is at no additional cost to him, but would cost me about an additional $800/month, which is why I never went after child support when he moved.
My ex is livid and said it was his year to claim our son. He is now saying he won't take our son for extra 3 days that I had a trip planned in March, which means I have to cancel my vacation.
Our old agreement is not valid b/c he's not doing 50/50 nor paying half of child care or any other expenses.
Did I do the right thing in claiming my son, or was I wrong?
I have a meeting w/the family courts this week to fill out forms to change custody/child support w/the courts. My ex has never wanted to do that, feels very threatened when I have brought it up, always wants to just work it out between us. Stupid me did not follow through. I did tell him in late 2021 that one of the things we needed to change was how we do taxes, but I think it was forgotten or fell on deaf ears.
If I am found to be wrong I will make corrections to my taxes. However, it just seems unfair if he gets to claim him due to an outdated parenting agreement.