claiming my daughter as a dependent on my taxes?

Question

I am having an issue with the father of our daughter. We are seperated and when it come to filing our taxes its like a game to him. We have joint custody of our daughter, he is supposed to have her every other weekend and Thursday over night. Although that rairly ever happens. When it is his time to have her, he leaves her at his mothers house. This has been going on since the beginning. But when it comes to tax time he is racing to claim her and get a big refund back because of her. This makes me sick. He does pay child support, to my understanding, when claiming a child as a dependent and head of household the minor child is to reside in your house for more than half of the year.

Answer 1

You can stop him. You as the custodial parent can claim the child. If you choose to let him claim the child, you can do this, but you do not have to.

First, get your taxes filed before his, electronically of course. Then if he files claiming the child, he will have to prove that the child lived with him for more than six months, which he can't prove.

Next, if he manages to file before you, file anyway. If you don't know that he has actually filed before you did, and you e-filed, your return will be rejected by the IRS the next day. But don't give up.

At this point, mail in your return as you have filed it, with a cover letter explaining that you are entitled to claim this child since the child lived with you and you are the parent. Tax preparation places have these cover letters already done for you if you want to use them.

The IRS will then pay you your refund and take whatever action they take against the person who was not entitled to the refund. It does not necessarily take months, but even if it does, why wouldn't you do this once so that the problem is solved now and in the future?

If you do not file taxes but want to stop him, I suggest you file a return anyway, claiming the child. This will prevent him from claiming the child.

Answer 2

What you are describing is the divorced parent problem that occurs thousands of times each year. From the perspective of the IRS the parent that files their return first is the proper custodial parent for HOH purposes. Then the other parent must prove that they really should have gotten the exemption. What you have described would suggest that he has beaten you to the "filing line". If that is the case you can file an appeal and he will be required to pay back the additional refund and be disallowed to claim certain benefits for up to 10 years. You might share that with him, after you have filed this year first.

Answer 3

JQT is correct. Unfortunately the person who files first and/or the person with more income usually gets the deduction if the IRS has to decide & then you have to argue for it.

I suggest that if you file by paper you write next to line Line 6 "See Statement 1". Then attach a short, simple written explanation to your return indicating that your daughter's primary residence was with you all year (X months or X percent of the year). Make sure you write "Statement 1" at the top or bottom of your explanation.

Try and straighten out who will be taking your daughter in future years in your final divorce agreement so you don't have to deal with this perpetually.

Answer 4

When it comes to claiming a child as a dependent, the IRS rules is that
1. The parent who the child resided with longer wins
2. If the child resided with both parent the same amount of time, then the parent who has higher adjusted income wins.

Although the rules are clear, it is not so easy for IRS to apply. Usually the parent who files tax return first gets the dependent exemption and IRS automatically rejects the second parent's claim. If the second parent challenges the rejection with IRS with documents to prove that the child was living with him/her longer then the IRS will send a letter to the parent who wrongfully received the deduction. This could take months to sort out.

From what you said, it sounds that you have the right to claim the child's exemption and file head of household. My suggestion is that you try to file your income tax as soon as you can. If that fails, make sure if you documentations to prove that the child have been staying with you for more days than with your ex.

Best wishes.

Answer 5

Who can claim a Child?, can be answered on www.irs.gov.
What you can do NOW; is contact an IRS TaxPayer Advocate. The general phone number is 800-829-1040.

Good Luck Dear!

Answer 6

bostonianinmo is one hundred% striking. The figure that the toddler lives with is the guy who receives to declare the toddler. Paying toddler help has no result on who claims the toddler. there are particular circumstances the position the non-custodial figure would have the right to declare the toddler, yet provided that the custodial figure (you) fill out the ideal varieties, or if a court docket order (alongside with a divorce settlement, or toddler help ruling) specifically grants the tax deduction to the non-custodial figure in change for his or her paying toddler help. there's no distinction between organic father and mom and step father and mom in words of taxes. i anticipate you and your husband report a joint go back, so that you declare your daughter on that go back. in case your daughter's father information his taxes first and wrongfully claims your daughter, he will initially get the deduction. this can avert you from filling electronically. report your varieties on paper and take the deduction, comprise a letter pointing out you're the custodial figure and the toddler's father had no accurate to declare her. The IRS will inspect to work out who has the right to the deduction. they'd ask you for more effective info, yet you in consumer-friendly words supply them what they ask for, and they are going to procedure your go back. The IRS will chase down the toddler's father and make him pay off any refund he wrongfully recieved, plus consequences and pastime on the quantity. Plus, if he claimed the Earned income credit (which he might want to if he in consumer-friendly words makes $15k) then he'd have that removed from his go back and he might want to be banned from taking the EIC lower back for numerous years, no matter if he qualifies contained in the destiny.

Answer 7

Dee is right, If you aren't able to file first then you should file a paper return. The IRS WILL sort it out, the funds will not be distributed until they do.