My ex-wife and I are divorced. I work Full-time. She does not , and receives a SSI check for being bipolar, plus she has child support coming in from me. So anyway she will not have a W-2 form coming this year. She wants her mother and step-grandfather to claim the child , so she can benefit from it. My question is- am I legal to claim my child?
2006-12-28 14:48:23 · 12 answers · asked by jasonbwen 2 in Politics & Government ➔ Law & Ethics
No, they can't claim the child, but she could possibly file as head of household.
2006-12-28 14:59:15 · answer #1 · answered by Linea 3 · 0⤊ 0⤋
You can not claim the child on your taxes if your ex-wife is getting any kind of support from the state or SSI checks that are for your child. Now as for child support-- again you can not claim your child on your taxes unless the child was living with you during that year for more than 6 months. I know this because I do taxes for people. You can only claim your child on your taxes if your child was living with you more than six months and was receiving most of your care. Child support is not part of the care. That is required by law and can not be used to claim a child. example---Lets say that your ex- wife was getting welfare from the state for her and your child. in this case you can not claim your child on your taxes because the state has already documented that your wife was taking care of the child.
2006-12-28 15:00:07 · answer #2 · answered by cbwidow1 2 · 0⤊ 0⤋
I believe you do have the right to claim your child; however, if the your ex's mother and step grandfather provide over 1/2 of the support then they also have the right to claim the child. It's up to you all to come to an agreement because if they go ahead and claim the child and you do too, someone's gonna have to pay it back. This happened to my brother in a similiar situation. The kids lived with him and he had to pay back the IRS because the other grandparents claimed the kids first. (and they are immigrants - if that means anything)
2006-12-28 14:54:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The IRS is the only one to give you an "official" answer, and they are not bound by what they tell you on the 800 number. From past experience here are the guidelines:
The person who can PROVE they paid a minimum of 6 months of expenses - food, rent, clothing - gets to claim the child. If you are paying child support but if she is living with them, it may come down to math - what does it cost in rent, etc., and who is paying the larger percentage. It's in your best interest (and sanity) to work it out with them BEFORE you file. If you are on good terms, play with Turbo Tax and see who gets a bigger refund claiming the child and work out some way to split it. Whoever has the lower income may get more from the Earned Income Credit - if you can, it pays to check. Good luck!
2006-12-28 16:12:47 · answer #4 · answered by yellowbugchickoh 3 · 0⤊ 0⤋
You can claim the child legally if you pay at least 50 percent of the support for the child. If her parents claim the child first you can file a claim against them with the IRS
2006-12-28 14:52:16 · answer #5 · answered by ? 5 · 0⤊ 0⤋
what's the date of the unique decree? If that's previous to 2009 AND meets strict Federal criteria you may connect copies of the appropriate pages of the decree for your go back and declare the toddler. The decree ought to specify which parent claims which toddler which 3 hundred and sixty 5 days and ought to not positioned any preconditions on the exemption which includes being cutting-edge on toddler help. If the decree does not meet those criteria the IRS will ignore about it and award the exemption to the custodial parent. the basically way round that's if the custodial parent elements a executed kind 8332 that you connect for your go back as a fashion to declare the exemption. This procedure receives you the exemption and the toddler Tax credit basically. If the unique decree replaced into entered in 2009 or later the IRS will not honor it. you need to have a executed kind 8332 to declare the toddler. The decree CAN require the custodial parent to furnish you the 8332 yet in the experience that they don't choose for your basically redress is to bypass decrease back to court docket and take a verify out to pressure the precedence lower than penalty of contempt of court docket. confronted with that, maximum will execute the 8332. be conscious: opposite to what yet another respondent thinks, a Federal company does not answer to a State court docket. The regulation is as reported above. a large number of human beings answer depending upon what they imagine the regulation should be yet that's not the way it extremely works. It replaced into replaced efficient Jan a million, 2009 so all of us who thinks otherwise has not been conserving with the regulation.
2016-12-01 07:00:56 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Your ex cannot get any earned income credit if she did not work or EARN any of her income for the year - FYI. She doesn't have to even file because SSI is not reported as taxable income, neither is unemployment or disability benefits from the state. I'm not sure if you can claim your child unless he or she lived with you for more than 6 months of the year.
2006-12-28 16:20:08 · answer #7 · answered by himom 2 · 0⤊ 0⤋
First off it depends on who the child lives with. If he lives with you for more than six months you can claim him, and should, but if not, then he is her responsibility. If you are going to claim him, you need to do it before she does or they will not allow you to. This happened when someone who my brother stayed with for a month claimed him and my mom was not able to. If this happens you have to file a claim and it is a big mess. Go to http://www.taxact.com/ and they are great at answering tough questions and you can even do your taxes there for free. Good luck, and I wish you and your family the best in this difficult time.
2006-12-28 14:55:00 · answer #8 · answered by littlblueyes 4 · 0⤊ 0⤋
You're sending child support checks, so technically the kid is dependent on you. Yes, you can probably claim it, but run the question by a tax preparer or the IRS just to double check.
2006-12-28 14:50:50 · answer #9 · answered by eatmorec11h17no3 6 · 1⤊ 0⤋
i would claim him, and be the first to do it. god, check with an atty. it would be worth it for future info. i am on your side on this one. but, i believe that even though she does not have a w2 coming from a job, she will get one from the state. like when youre on unemployment, they send you something and you have to claim it. she will benefit from it because she will claim head of household, not have to pay any taxes, and receive a windfall in earned income credits. geez, check with a lawyer!!
2006-12-28 14:59:36 · answer #10 · answered by Buk (Fey) 3 · 1⤊ 0⤋