Can any one tell me if it's legal for a non custodial parent to file a child on their income tax form.?

Custody and support are not co-dependent.

The person that is entitled to claim the child as an exemption on their tax return must have contributed more than 50% to the support of that child.

If they did not contribute more than 50%, they are not entitled.

I am not sure what you mean by "file the child." If you are referring to whether the noncustodial parent can claim the child as a dependent, the answer is "yes" if the noncustodial parent is supplying more than half of the child's support. However, it is presumed that the custodial parent is supplying over half the support, so that claim would have to be proven.

As part of a divorce, many parents will agree to alternate the years in which they claim the child as a dependent, without reference to the actual support provided, simply to avoid the problem and keep the overall tax burden fair.

If, however, somebody is claiming a child as a dependent who cannot lawfully be claimed as a dependent, it could be charged as filing a false tax return. The usual punishment is monetary.

ADD: Well, again, it is not illegal for a noncustodial parent to claim a child as a dependent if that parent is qualified to do so (e.g., pays over half the support). However, in no case can TWO people filing separate returns claim the same person as a dependent. (I wonder, however, how you know that he is doing so, since tax returns are confidential. I am also confused by your saying he is "getting money" from his conduct. Claiming a dependent may reduce tax liability, but does not ordinarily result in income.) You probably need to consult a tax accountant or tax attorney as to the best way for you to avoid problems once it is discovered that the same child has been claimed as a dependent on two returns.

Find a tax attorney and sue his a--. He has no rights what so ever and can be charged with fraud. He has to prove the child lived with him for at least 6 months and a day each year. Non custodial parents only have rights if given to them by the custodial parent in writing.

This is a tax question, and you should let them have the concern. The custodians have the law on their side, should take the child as a dependent on their form. The tax law says something about months of care. If the custodians have had custody for the past two years, what is the problem?

If the child isn't living with the person,they can't legally claim the child. If say~my Grandson is living with you and you pay the rent etc. you can file income tax on him.The custodial parents can legally claim the child. I know this because I went through it myself, now I have legal custody of 2 of my Grandchildren.

To claim a child on your income taxes the child has to live with you for more than six months out of the year. I know this for a fact because my daughter's father tried to claim her on his income tax and I consulted an attorney. My attorney informed him that we would contact the IRS if he tried to do it again... good thing we used the same tax preparer at the time and she gave me a "heads up".

been there-done that! just because the ncp pays bare minimum child support, does not give them the legal right toclaim the child on their taxes. now, if you gave your permission than thats one thing but they are definately in the wrong. contact the IRS a.s.a.p and dispute this. you may have to provide proof that you are the CP and prove the child lived with you the entire year (ie.school records, shot records etc) good luck to you.

this should have been decided in your divorce papers on who gets to legally claim the child on their tax returns. Yes he can indeed legally claim that child ONLY if this is how your divorce papers read...remember two people can agree on anything and it becomes legal no matter how silly it may sound to another person. Check back on your divorce papers and it should be spelled out for you there.

contact the irs and tell them this. tell them that you are the sole caregiver for this child and the other parent is using him/her for taxes. they should then send him a letter tell him that in order to receive the money for the child, he has to prove that the child has lived with him for at least 6 months out of the entire year for which he claims the child.

p.s. that is illegal for him to do.

That should have been in the divorce agreement. I had sole custody and my ex tried it and had to pay the refund back since I had the legal documents to prove it. If she doesn't know......get a lawyer. There are living requirements and such which could prove her case.