My child was born on August 18th, 2006. On October 17th, 2006 Child services placed her in protective custody of a family member. I have been ordered to pay child support, begining the first of this year. She is now in the custody of another family member, not the state, but can I claim her on my taxes or can the family memember with custody claim her?
2007-01-05 07:59:42 · 8 answers · asked by Chuck Norris 1 in Business & Finance ➔ Taxes ➔ United States
I see no correct answers ahead of mine, so I'll answer.
Generally, the custodial family member automatically gets to claim the child as a dependent as long as the dependent meets the 5 tests: 1) Related to taxpayer 2)US Citizen or resident 3)Lives with taxpayer more than half the time 4)Earns less than $3300 and 5)isn't married.
The ONLY way YOU can claim this child for the dependents and presumably for EIC is to have the custodial family member give you permission IN WRITING which is attached to your tax return. If you try to claim the child without this, and the other family member files as well, you will be in a losing battle with the IRS. Don't do it!
WealthBuilder
Enrolled Agent / Tax Specialist
2007-01-05 10:34:42 · answer #1 · answered by WealthBuilder 4 · 0⤊ 0⤋
I agree that the situation is complicated and always changing with various personal situations etc. Number to the IRS is 800-829-1040.
2007-01-05 08:11:37 · answer #2 · answered by Jake A 1 · 0⤊ 0⤋
i think the custody member can claim the child tax things.but you can't,the child has to be living whith you and has to be a reltive.
2007-01-05 08:03:52 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I believe the person who can claim her would be with whom she resided with the longest. Check the irs website
2007-01-05 08:02:30 · answer #4 · answered by latinadiabla_1976 2 · 0⤊ 0⤋
Only if you are paying over half of her living expenses, including housing, food, clothing and care. That or you provided these for over half the year.
2007-01-05 08:02:40 · answer #5 · answered by Radagast97 6 · 1⤊ 0⤋
Call the IRS and ask them. They change the rules all the time.
2007-01-05 08:02:02 · answer #6 · answered by nease174 6 · 1⤊ 0⤋
if you are paying child support then you can claim her on taxes
2007-01-05 08:01:48 · answer #7 · answered by ambrks71 2 · 0⤊ 1⤋
maybe child support
2007-01-05 08:06:59 · answer #8 · answered by Anonymous · 0⤊ 0⤋