My husband and his ex wife have joint custody. She gets to claim one of the kids on her taxes and he gets to claim the other on his. He has back child support to pay on another child from a previous relationship, so when he files taxes, he never gets his refund back. I file my taxes separately and would like to know if I would be able to claim the child on my taxes instead of letting him since he won't get his taxes back anyways....
2006-11-21 07:45:16 · 10 answers · asked by jEnNiE c 1 in Business & Finance ➔ Taxes ➔ United States
You may be able to if you meet the following:
In general, to be a taxpayer’s qualifying child, a person must satisfy four tests:
Relationship — the taxpayer’s child or stepchild (whether by blood or adoption), foster child, sibling or step-sibling, or a descendant of one of these.
Residence — has the same principal residence as the taxpayer for more than half the tax year. Exceptions apply, in certain cases, for children of divorced or separated parents, kidnapped children, temporary absences, and for children who were born or died during the year.
Age — must be under the age of 19 at the end of the tax year, or under the age of 24 if a full-time student for at least five months of the year, or be permanently and totally disabled at any time during the year.
Support — did not provide more than one-half of his/her own support for the year.
Also, here's a little tidbit not many people may be aware - if you file jointly and the refund is taken (as you have described), then you can file an "injured spouse claim" to receive the portion of refund that would be applicable to you as "married filing jointly." Ask your tax preparer, or check out the link to Form 8379.
2006-11-21 12:00:44 · answer #1 · answered by Country Boy 5 · 1⤊ 0⤋
If you (and you alone, not including your husband,) pay over 50% of the money needed to sustain the kid for the year AND there is no agreement specifically spelling out who can claim the child, then yes you can. This is incredibly unlikely.
That said, you are most likely filing your taxes as "Married, Filing Seperately" and, as a result, are paying WAY more taxes than you would by filing jointly with your husband. You're probably doing this to avoid having your refund go to pay for your husband's child support, but you're wasting a lot of money.
You have two options:
1) File jointly, and let the bigger refund go to pay the back child support. Suck it up for a few years to make it go away -- it will have to be paid eventually anyway
or
2) File jointly, and go to your employer to have your withholding changed so that you don't get a refund at the end of the year. You'll have more money in each check, and no refund to confiscate. Be careful, though, you don't want to underwithhold and owe too much in taxes. The penalty for that isn't worth whatever you'll save.
2006-11-21 08:02:22 · answer #2 · answered by Dimwit D 2 · 2⤊ 1⤋
Do you have kids with this man? Why would you ever try to cheat the mother of his other child out of money he owes for raising their child? I would be embarrassed to admit that I am trying to find a way to short this child and the single mother with a deadbeat dad. Shame on you. I would understand if you were supporting all of his children, or if he was making his payments for back child support, but apparently he is not since he never gets his taxes back. May as well let his taxes go bye bye for now, or his social security will be taken when he retires!
2006-11-21 16:17:41 · answer #3 · answered by Susan C 3 · 1⤊ 0⤋
Normally step children are treated in the same manner as natural children. In this case the court order may prevent that. If the child that you wish to claim is not the child of the person to whom your husband owes back child support you may be able to claim that child if there is not anything the court order that would prevent doing so and the child lived with you for more than half of the year. There are other qualifications but if your husband meets those so do you.
2006-11-21 07:57:15 · answer #4 · answered by ? 6 · 1⤊ 0⤋
Addition to Dimwit D's answer (which is a good answer)
your third option....
File married filing joint and file an Injured Spouse form...that way the IRS will take his share of the refund, but you will get yours.
2006-11-23 15:36:13 · answer #5 · answered by sylvrrain 2 · 0⤊ 0⤋
Step mothers and fathers have the comparable criminal ability as organic and organic mothers and fathers. in the experience that your X did no longer pay the youngster help as consistent with the regulation, i'm particular he won't dare to declare him. My question to you is; in view which you're newly married, why you're asking in the experience that your husband could desire to declare your newborn, yet no longer the two one in all you?? Are you averting submitting mutually inclusive of your husband as you could lose some advantages? If this the case, then your X could have bargaining chips interior his attain he could desire to apply against you. Your X can no longer declare the youngsters if : You document married submitting mutually inclusive of your present day husband, and in the experience that your X did no longer meet the court docket expectation via no longer being present day in his money. You extra useful document mutually inclusive of your husband to declare the youngsters, or you have issues.
2016-10-17 08:28:06 · answer #6 · answered by Anonymous · 0⤊ 0⤋
1
2017-03-02 01:31:30 · answer #7 · answered by Earnestine 3 · 0⤊ 0⤋
Why doesn't your dead beat man just pay his child support. Then you wouldn't have this problem. What a jerk.
2006-11-21 07:55:07 · answer #8 · answered by besitos2610 5 · 4⤊ 0⤋
Yes, depending on how much support you provide.
Here's some info:
http://www.irs.gov/faqs/faq-kw115.html
2006-11-21 07:49:24 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Since the child in question is not yours.............
Nope
2006-11-21 07:48:06 · answer #10 · answered by Mopar Muscle Gal 7 · 0⤊ 3⤋