My 10 year old son lives with his father and step-mother. I have paid child support all of the year of 2005. My son's father is on disability and therefore cannot file a tax return. However, my childs step-mom did work PART of the year and now is saying that she is going to use my son as a tax deduction on her returns. I have always used my son and this will really mess things up if I don't get to use him. So who has more of a right to use the deduction. Step-mom or myself? Also, what would happen if we both used him and how long would it take for this to be noticed?
2006-12-29 06:27:02 · 14 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
You actually can both claim him. But you need to get a form 8332 signed by your ex-husband giving you the right to claim him as a dependent deduction if it wasn't in your divorce papers that you could claim him and he has custody. Even if it was in your divorce papers that you could claim him the IRS still requires Form 8332. The parent that has paid over 50% expenses normally takes the deduction(this is broke down by shelter, clothes, medical etc.) but still the custodial parent has to give the non-custodial parent permission to do so. The step-mom can still claim him for earned income credit if your husband signs a form giving you the right to claim him for the exemption.
2006-12-29 09:58:31 · answer #1 · answered by Red Velvet 2 · 2⤊ 2⤋
The custodial parent gets the exemption unless there's an agreement in writing to the contrary. Stepparents are treated the same by tax law as biological parents.
You say your ex "can't file a tax return" - sure he can, he can file joint with his current wife even if he has no taxable income, and probably does since they'd probably pay less taxes that way.
If both of you claim him, both returns would be flagged to be investigated. The IRS has rules in this case to determine who gets the exemption. The exemption would go to the parent with whom the child lived for the longer period of time during the year - doesn't sound like you'd win that one. Sorry.
With computers, wouldn't probably take real long for it to be noticed that both of you claimed the same dependent. It's possible that you'd both get your refunds, then you'd have to pay back the difference for claiming the child. It could take awhile before all that happened, but you'd be charged interest.
2006-12-29 10:14:36 · answer #2 · answered by Judy 7 · 0⤊ 2⤋
With $21,000 in earnings and a pair of youngsters, you in basic terms isn't paying lots. confident, you could record Head of family members, it has no longer something to do with possessing a house or renting an place of residing. Odds are exceptionally good that between new child based Care costs and the Earned earnings credit you will no longer owe a dime and ought to even get a refund (which you probably did no longer pay in--it extremely is the Earned earnings credit). See a expert to be certain you get all the credit you're eligible for. good success
2016-10-06 04:22:45 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Yep there is that 50% rule meaning you paid 50% or more of his care. Generally for Earned income Credit the person or household who has the higher income claimes the EIC.
But to be sure check with HR Block.
How long would it take to notice...well generally a few years. The bad thing is, is when they do notice they tack on back intrest from the time you filed the return. Intrest rate for IRS is at 8% now I think. So lets say you get a refund of like 3 grand and were only suppose to get $1500. Intrest is componded daily. So in 3 years you would be getting a tax bill for roughly 2 grand and climbing. And the IRS isnt fun to deal with. They will take up to 50% of your payroll if you dont chalk up the money.
2006-12-29 06:53:03 · answer #4 · answered by Anonymous · 0⤊ 4⤋
If you both claim the same child, the second person to file will have that return rejected immediately upon receipt.
The custodial parent has first claim on the child. The only way you can claim the child is if your former spouse signs a waiver that you can claim the child, or if you have legal papers, such as a divorce decree, stating that you will claim the child.
See if you can't get your former spouse to sign over the exemption. He will just have to sign Form 8332.
2006-12-29 06:49:03 · answer #5 · answered by ninasgramma 7 · 2⤊ 2⤋
Your best bet would be a phone call to the IRS or a tax preparer even to ask who gets to claim him. Anything in a divorce decree about who claims him?
2006-12-29 06:31:34 · answer #6 · answered by UNI Panther 3 · 1⤊ 0⤋
it is supposed to go to where ever the child lives because they provide the most for the child. they ask you when you file if the child resides with you. we have claimed my step daughter before even though she did not live with us. however we had her mother's permission. now if you file first and tell them that the child lives with you, than you may away with it. but i am not sure what would happen when she files.
2006-12-29 06:42:07 · answer #7 · answered by miss lady 4 · 1⤊ 2⤋
The irs website usually has good information on this. I know with ex's it usually the one who spent more on the child. If she and your ex husband are filling jointly they will probably be okay. But i can't imagine that she would be allowed to file him as a dependent over you. but i've seen stranger things. You should down load the 1040 workbook from the irs website it should be ablle to tell you.
2006-12-29 06:38:09 · answer #8 · answered by Wesley C 3 · 0⤊ 3⤋
unless you have partial custody, you cannot make a claim for dependent.
since he lives with his step mom, only she can make the claim.
just keep up the support and hope he grows up to be a good kid.
2006-12-29 08:32:07 · answer #9 · answered by Tiberius 4 · 1⤊ 2⤋
He is her dependant if she files jointly with the childs father as the child resides with the father.
2006-12-29 06:29:54 · answer #10 · answered by Anonymous · 6⤊ 2⤋