My daughter is just turning 8months and her father has not been taking care of her only for the last month ( not very much either). I just recently found out that he went behind my back and got a copy of her social security card( he claims it was so he could get insurance for her). Im worried that he may be trying to claim her on his taxes. How can I prevent this from happening?
2007-01-04 12:30:30 · 12 answers · asked by LusciousLady 2 in Business & Finance ➔ Taxes ➔ United States
The IRS has very specific rules about who can claim who as a dependent on their taxes. If you have a divorce decree or legal custody arrangement, the IRS will accept what it says. Otherwise, the parent who gets to claim the child is the parent who provided more than 50% of the support to the child.
If you and the father were living together until recently and his income is higher, it could be him. You'll have to determine for yourself which of you has provided the most financial support. (Sorry but the IRS doesn't care who changed the diapers.) Be honest with yourself, you really don't want something like this to come back and bite you later. If you provided more than 50% of the support, go ahead and claim her. You can't do anything to prevent him claiming her also. However, if the IRS ever catches it, whoever they believe filed falsely will be the one in trouble and having to repay.
Be sure to file as Single Head of Household if you are not legally married. Work related child care expense is deductible. And check into the Earned Income Credit also.
2007-01-04 12:48:23 · answer #1 · answered by blondie172 2 · 1⤊ 1⤋
As others has already mentioned, there isn't anything you can do to prevent him from claiming her.
The questions is that who has the right to claim her. IRS has tie breaker rules for when if both parents try to claim the same child
1. The parent who the child has lived with longer wins. So if your daughter lived with you more than with her father, document the fact and prove to IRS that you have the child with you.
2. If the child lived with both parents equal amount of time, then the parent with higher income wins.
If he filed his taxes first and claimed the child, the IRS will reject your claim. But if you have proof that the child has lived with you more days than with her father, the IRS will take the money back from him and give it to you. However, this could take a very long time (several months) for IRS to sort out. My best suggestion is to file your taxes as soon as you can.
Best wishes.
2007-01-04 13:43:15 · answer #2 · answered by JQT 6 · 1⤊ 0⤋
First, she obviously did have income. Second, if she is not a student, then her income must be less than $3800 in order for you to claim her. You also must have provided over half of her support. If she lives with you, then you can include the value of free rent as support you provide to her. If she is your dependent, then she just needs to make this change on her tax return and resubmit it. If her income is low enough to make her your dependent, then her tax refund will not actually change at all! If she is not your dependent, then you should amend your return to correct this. And she will need to mail her return in instead of efiling. It is only if the two of you both continue to claim her exemption that the IRS gets in the middle.
2016-05-23 04:15:44 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It is not a matter of IF the IRS will catch it because they WILL. As a matter of fact the minute the second return is sent off the social security number will get rejected.
Now all of the things they others have said are true. Try to file your taxes first if possible which will keep you from getting your return held up.
Now if he files then you file...you can prove you provided the care and if was given a check he will have to pay it back.
Good luck!
2007-01-04 13:40:27 · answer #4 · answered by ~Just A Girl~ 3 · 0⤊ 0⤋
I had a similar situation. You cannot prevent him from doing so. But, since you have custody and have supported here for most of her life, you go ahead and claim her as an exemption. Then, when the IRS does a cross reference on the social security numbers and finds out two of you have claimed one child, his **** is grass with them, and he will have plenty explaining to do because he cannot prove he supported your daughter. Nothing will happen to you because you have the proof. Best of luck.
2007-01-04 12:39:56 · answer #5 · answered by Anonymous · 1⤊ 0⤋
There isn't much you can do (i think), but if he files and you also claim her I think he can get into trouble if you can prove you've supported her more than him. Also, she's only 8 months so I think you have to have her birth certificate. And I would also say to claim her first. I'm not sure how this works because my parents just filed joint and my 2 month old sis was claimed and they had to have her birth certificate and my moms certificate and both the mothers, fathers, and babies social security card. So I don't think he can claim her with just the card, but I'm not sure.
2007-01-04 12:38:53 · answer #6 · answered by ? 3 · 0⤊ 1⤋
Hurry and file quickly, don't mention it to him. If I were you I would file immediately and amend later if you don't have all your information. You have to beat him to the punch even though eventually you will prevail in getting the child on your return.
Get to an electronic filer the DAY you get your W2 and file. Electronic filing starts January 12.
Oh I'd try to give him the wrong birthday if he asks you for it. Be off by a couple of days and his return will reject.
If he does succeed in getting the child on his return, go back to your preparer and they will tell you what to do. It is not that involved, you have to mail in your return with a cover letter.
Good luck.
2007-01-04 16:39:31 · answer #7 · answered by ninasgramma 7 · 0⤊ 0⤋
If you are the custodial parent, then you have a right to claim her unless there's something in writing saying that he can. This would have to either be in a divorce decree, or something you had signed giving him the right to claim her.
2007-01-04 15:30:07 · answer #8 · answered by Judy 7 · 0⤊ 0⤋
As long as you provided 51 percent of her support, he cannot claim her. If he does, the IRS will flag him and he will have to pay anything he received back. Was their a divorce decree that stated anything or is there a court document? Also, you have to watch these dead beats from stealing the identity of your child so check her credit. Please don't be one of these dumb moms who allow these a**holes to claim a child they did not support more than you did.
2007-01-04 15:12:32 · answer #9 · answered by frr_ls 2 · 0⤊ 1⤋
This happened to me one year luckly I did file first and they put a hold on his taxes and it took him like two months before he could get his return. If you have been taking care of your daughter yourself you will be able to prove it so I really wouldn't stress aboout it.
2007-01-04 12:40:09 · answer #10 · answered by Angela B 2 · 0⤊ 1⤋