My ex-husband does NOT claim any income taxes because is does NOT work. I do work, and for 5 years now, he has signed my son over to me for taxes. However, this year, he is being a jackass and is saying he won't sign him over to me. Since he is unable to claim him as a deduction, is there any way I can still claim him legally without my ex-husband's consent? We have never had a custody agreement where my ex-husband has stated one way or the other when it comes to claiming my son for taxes. If any body has any legitimate information that they can offer me on this subject, I am welcoming any suggestions or facts that you may be able to direct me to to answer my question.
Thank you.
2007-01-10 05:57:39 · 12 answers · asked by jims_prettyeyes 2 in Family & Relationships ➔ Marriage & Divorce
My son lives with his father, NOT me. He has been on worker's comp since 1993 and since last May has been on full SSD. He is a deadbeat and will never work again since he has not work for almost 14 years now. I just don't know if I can legally claim him without getting into trouble. I do pay child support, but only what the maximum guidelines tells me that I have to pay, which only ends up being a little of $50 a month. I do not pay anywhere close to 50% of his support.
2007-01-10 06:08:06 · update #1
I called the IRS when there was a dispute over claiming my daughter it is a 1800#.
The rule states that you must provide 51% of support of your child in order to claim him. Does your child live with you? I believe that your child must also reside with you for a minimum of six months. Without meeting these living and financial requirement you would need to have the paper signed. I believe that if you have been claiming your son for the previous five years your ex would be hard pressed to fight it.
If your husband is on SSD you should be able to receive benefits for your son off of his fathers SSD. The down side to that is it can put you over income and you may have to pay taxes on that.
Since you do not have custody and you do not pay 50% of his care you are not legally entitled to claim him unless your Ex chooses to give you the tax break. You should definately confirm this with the IRS or a tax consultant. I do not believe you have any rights.
2007-01-10 06:09:50 · answer #1 · answered by tammy c 3 · 1⤊ 0⤋
Alright, a lot of people get court ordered custody and so forth mixed up with taxes and claiming dependents. The IRS could care less who has court ordered custody. What they want to know is WHO the child lived with for more the 6 months of the year, even if it was only for a total of 6 months and 1 day (if you both somehow had him 6 months each, whoever made the most that year claims the dependency.) It doesn't matter who pays child support or who has custody. Example. My husbands ex was granted custody of their teen son a few months before the end of this last year, but he had still lived with us more then 6 months in 2009. So per IRS she does not have the right to claim him on her taxes despite she has court order custody of him. Say your ex files before you and his e-file is accepted. Well you cannot e-file as it will not be accepted because the SS# has already been claimed on another tax return. You will then have to mail it through postal services which obviously will delay your return slightly. At the end of the year you both should get a notice from the IRS to amend your return if you did not have the right to claim the dependency. If neither of you do, a second notice will be sent asking you to explain and show proof of why you were able to claim said child. So in the end, don't mix up any court issues like who has custody and who pays child support. If your child physically lived with you more then 6 months, you by law are supposed to be the one to claim the child.
2016-05-23 05:06:38 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You can claim him if you are not paying child support to the your ex. I believe its because you have joint custody but the child legally would need to be with you at least 6 months out of the year for you to claim anyway. I know he signs a paper to let you but most parents get away without the paper. You might need to talk with someone that has tax expertise. Talk to the person who does your taxes about your situation.
2007-01-10 06:14:59 · answer #3 · answered by kitcat 6 · 0⤊ 0⤋
Ok anybody can claim anyone on taxes. The only thing is a person can only be claimed by one individual. Well since your ex can't claim him because he didn't work then your son is free to be claimed. I would just claim him anyway since you know your husband isn't and just never mention it.
2007-01-10 06:10:50 · answer #4 · answered by Lucinda M 3 · 0⤊ 0⤋
I don't believe you have to have any formal agreement. If he is unable to claim him, that gives you the opportunity to do so. It would be nice if he was willing to "sign him over" but I don't think that is necessary. If he can't claim him then it shouldn't matter.
Also, if you file your taxes first and he files second, and claims him, the IRS "should" flag his return. Then they will question him. For all that matters, even if they were to flag you for some reason, if he can't legally claim the child, that should satisfy the IRS if it ever came up.
Good luck.
2007-01-10 06:06:37 · answer #5 · answered by hbennett76 3 · 0⤊ 0⤋
Since your ex-husband cannot claim your son and since you have joint custody, why would he have to sign the child over to you for taxes. One person can claim the child. Since he can't, you can.
2007-01-10 06:03:57 · answer #6 · answered by missingora 7 · 1⤊ 0⤋
If your ex husband is not claiming him, you can claim him as long as you have paid for at least 50% of his support. The problem would be if BOTH of you tried to claim him. Since the ex won't be, then go for it.
2007-01-10 06:02:45 · answer #7 · answered by hotgramma 2 · 1⤊ 0⤋
You can claim him without your husband signing him over since your husband can not claim him due to the fact he has no EARNED income. My exhusband has never claimed my daughter even though we have joint custody but my current husband {her daddy} claims her. We provide her atleast 50% of her income and care. Frankly you could claim your neighbors daughter if she wasnt going to get the idea?
2007-01-10 06:06:24 · answer #8 · answered by **Damn its cold up here** 3 · 0⤊ 0⤋
File your taxes (and claim your son) BEFORE your ex does. If you file first and claim your son, and he files and tries to claim him, if will receive a notice from the IRS that your son has already been claimed and they will not allow him to claim him.
2007-01-10 06:05:00 · answer #9 · answered by BRIAN W 3 · 0⤊ 0⤋
if you have taken care of him at least six months than you can claim him as your dependent, you dont need permission.....ask your tax preparer just to get another opinion
2007-01-10 06:04:54 · answer #10 · answered by Miss E 3 · 0⤊ 0⤋