The father of my child and I were never married. I have custody of our child and I'm now married to a wonderful guy. The father of my child did not pay child support for 7 years until I dragged him to court. He is now paying $200/month via wage garnishment. Today, I got a call from him and he asked me if he can claim our daughter on his tax returns. He said he needed the money. He also said that since he worked a full year in 2006 and I only 5 months, it would be beneficial for him to claim our daughter.
I don't think this makes any difference. He is single, so I assume he's filing as such or head of household, and my husband and I are filing jointly. How does he come up with the idea that it would be beneficial (i.e. more money for him) if he claims our daughter on his taxes? Anybody, please enlighten me.
2007-01-13 08:06:39 · 16 answers · asked by Globetrotter 1 in Family & Relationships ➔ Marriage & Divorce
Thank you everyone for the quick responses! I already told him No, but I had the feeling that he will do something illegal when he told me that "it will be beneficial for him". First off, I know that to claim EITC on a child, the child must have lived with that parent for half of the year. Our daughter spent a month with him in 2006.
He doesn't know her SSN, so I'm sure he cannot claim her without asking me for it. I stopped working when I got married because my kind husband said I can go to school to finish my degree, he is supporting us 100% but a little money back from IRS would surely help a lot.
2007-01-13 08:25:48 · update #1
Tell him no, you've already claimed her on your taxes.
2007-01-13 08:09:05 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You claim your daughter as a dependant. Don't let him. You are the main one supporting the her. That's really a low down dirty thing he's doing. 200 per month is not even enough to buy the grocieries for a child much less clothes and everything else need to raise a child. He could only legally claim her if he can prove that he provided 51% of her living expenses, which it doesn't sound like he does. He is a looser and is trying to guilt you out of money that he's too lazy to make himself. If he was a decent guy he would have made sure that his child was taken care of from the beginning. Don't do it. Why do you feel sorry for him. He's only trying to take money away from his own child.
2007-01-13 08:26:12 · answer #2 · answered by Sunday P 5 · 0⤊ 0⤋
He'll get more, and you'll get less. The point is who provided the main support. If you treat the $200 as back payment for the past 7 years, then he actually provided nothing. If you feel you should give in, you might want to consult your husband first, since this decision would certainly affect him too.
Working a full year vs less than a year does not have that much impact to the tax rate, it's how much you made for the year. With a joint return, my guess is your joint return rate is much higher than your ex boyfriend.
2007-01-13 08:22:50 · answer #3 · answered by McDreamy 4 · 0⤊ 0⤋
Don't do it. It would be illegal. He has to has custody of the child more than 50% of the time. And why would you? You don't owe him anything. He never paid you anything for 7 years, and now he's only paying $200? That's so crazy. What did he think your daughter was eating and wearing for 7 years? It's your decision, but I strongly advise against it.
2007-01-13 08:12:51 · answer #4 · answered by mamabear 6 · 0⤊ 0⤋
More money for HIM when you and your hubby are the ones who have physical custody? You're still doing more than he is to care for the child.
He didn't even pay for 7 years, and he owes you and the child this.
Tell him you've claimed her already. Or, just tell him whatever you want, that means NO WAY Buddy boy!
2007-01-13 08:16:38 · answer #5 · answered by kiwi 7 · 0⤊ 0⤋
Its really your call. If you want to be that generous to your X. Its only legal if the two of you share custody though. He will get more money back if he claims a dependant.. He only claims himself so he gets less. You and your new husband should claim her. I would not honor your x's request. He lost alot when he lost you. : )
2007-01-13 08:48:41 · answer #6 · answered by sweetpea 4 · 0⤊ 0⤋
No No No!!! Don't let him claim the child you took care of by yourself for 7 years without his help. You deserve the extra money not him!
2007-01-13 08:11:35 · answer #7 · answered by corene D 2 · 0⤊ 0⤋
In order for this man to claim her on his taxes, he needs to have had her in his home 6 months or more of the year. Granted he has paid child support but he has not had her in his home. Call your local IRS and get more info on this.
If he you both claim her on separate taxes, you both will be audited.
2007-01-13 08:16:53 · answer #8 · answered by easygoingfemale44 2 · 0⤊ 0⤋
I say Let dead beat dad pay Taxes and you claim her. It doesn't matter you only worked 5mo you need her in filling.Even if he pays support he can't claim her Unless he gives you%50 of his wages .I'm sure he doesn't,Don't let him.You are the one who takes care of her you claim her.
2007-01-13 08:16:01 · answer #9 · answered by amber 4 · 0⤊ 0⤋
He wants that earned income tax credit per child that pays probably to him after itall said and done $3,000.00 for one child.
Have him split it with you.
If you filed your taxes last year and claimed your child not him and this year he claims her thats fine and dandy, but if the child resided with you for the year than thats fraud.
2007-01-13 08:14:12 · answer #10 · answered by Anonymous · 0⤊ 0⤋