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My boyfriend and I have 1 baby together. I also have 2 older children of my own. For 2005 my boyfriend of 4 years lived with me for about 9 months. During that time i was out of work as I was on Maternity leave and I also took paid time off to breastfeed totalling 3 months. I still got disability checks but he helped out a lot with all 3 kids, his share of bills, half the rent and assistance with summer camp.

We're not together and he lives at home with his mother.
I offered to claim all 3 and to give him a percentage, but he feels entitled to claim the baby 100% because he needs a new car and I should only claim my two older children and we split nothing. Who is right/wrong? How so?

2007-01-21 15:59:52 · 6 answers · asked by Lisa 2 in Business & Finance Taxes United States

6 answers

The correct answer would be who paid more than 50 percent of the suppurt of the child. However, FYI, the maximum number of kids for the Earned Income Credit (EIC) is 2, so claiming 3 kids doesn't get too much more back than only claiming 2. The difference being in the chid tax credit which was 1000 per child in 2005.

2007-01-21 16:13:28 · answer #1 · answered by dreamer12324 2 · 0 1

I would think that whoever paid or provided more than 50% of the suport for the child should take the claim for income tax purposes.

However, it is always better to come to an agreement so that the person that gains the most benefit from the child's deductions --- that person should be the one to claim the child. Then you both work out some type of monetary exchange.

But also .... if you can't agree about this matter .... you may also not agree on how much support he should provide so ... you should have all matters settled by either your local family court .... regarding support, who gets the deduction and any other matters that need to be settled.

2007-01-21 16:08:47 · answer #2 · answered by burlingtony 2 · 0 1

You can claim the exemption as long as you pass the following tests for a "qualifying child":

1) The baby is yours
2) The baby lived with you in the same place for more than half the year
3) The baby is under the age 19
4) The baby is not married
5) The baby is a US citizen
6) The baby does not support itself

Your boyfriend fails the first test if the baby isn't his and can't claim it no matter how badly he needs the car. The support test is not necessary. However, your boyfriend can claim it using a second set of rules allowed beginning in 2004 for "qualifying relative". (This second set of rules is where you'll find the 50% "support test", which is not required in the first set.)

If both of you try to claim the baby, the IRS will kick in "tie breaker" rules. To them, tie goes to the parent first.

2007-01-21 16:22:29 · answer #3 · answered by Anonymous · 0 2

well i will tell you this you dont get anything more for more than two children except a few more exemptions which is about two hundred dollars so it would be better if he claimed them if you are already claiming two. so if you have two to claim then but if they are your kids and they lived with both of you for nine months and and the other three they lived with just you then you have the right to claim them no matter who brought in more money, but like i said it would only give you 200 more it could give him up to 2400 more so there ya go hope this helps

2007-01-21 16:12:04 · answer #4 · answered by skytzo ! 3 · 0 1

you're entitled to claim the baby as a dependent since youre the custodial parent. (the baby lived with you more than half of 2006)

you're also able to file as "head of household" , which is more beneficial than filing "single".

i dont know how much income you made, but maybe you wouldnt receive as much of a tax benefit as your ex might from claiming the baby. i suggest filing your taxes online at www.turbotax.com or www.taxactonline.com and then you could determine how much of a tax benefit you would get.

2007-01-21 22:24:15 · answer #5 · answered by tma 6 · 0 0

If she isn't claiming earnings help, they're going to prefer to renowned what she resides on; they ought to renowned her earnings until eventually now they might technique a declare for housing earnings, and can disbelieve her if she says she is content textile to outlive under earnings help. besides, why does she no longer prefer to declare it? it is designed for precisely this difficulty, the place somebody by way of no fault of their own finds themself caught. It would not propose she must be on it invariably. it is not spongeing, that's making an investment contained in the subsequent era - citing teenagers is the main necessary interest everybody can do, no longer something incorrect with getting fairly help from the state for it - that's what all of us pay our taxes for! of path, she ought to have the skill to get help from the youngsters' father; she ought to talk the completed difficulty with the CAB or with social centers. desire issues artwork out. might desire to additionally be that the daddy comes lower back, possibly all of it have been given too plenty for him; I propose, i'm no longer making excuses for him, yet he isn't been long gone long, perhaps issues may be worked out? good success to you all, a minimum of she's have been given you helping her.

2016-10-07 13:01:01 · answer #6 · answered by sather 4 · 0 0

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