I know that legally if neither the father or step mother claims him on their taxes i can claim him. But the problem lies here. For 2 years my son has been living with his father. His father is an illegal from mexico(long story) and doesnt file taxes. Last year i claimed him on my taxes and just gave his dad the money. This year because of a fallen out between myself and his wife(the step mom) she says she's going to claim him this year. I know that since he lives with them that she has the legal right to claim him, and she said she "might" claim him this year-because she is mad at me. So anyhow she has 3 other kids and im not exactly sure she will claim him since she's already claiming 3 and she's never claimed him before and she said she "might" claim him. I would love to see my son get this money and would love to hand it over to the dad. Now what do you think about me claiming him anyways since im not positive that she'll be claiming him. How does that work if in the end she did??
2007-01-25 11:38:52 · 9 answers · asked by Kristi A 4 in Family & Relationships ➔ Family
Ying some kids just want to be with their father theres nothing wrong with that i still take care of him. It doesnt mean im a bad mother he was just a daddys little boy thats all....
2007-01-25 11:48:19 · update #1
i know that legally she can get it before it before i do, because my son is living in the same household. but im just not exactly sure if shes going to claim him and we're not exactly on talking terms. And the father well he's just like "talk to her"...
2007-01-25 11:53:14 · update #2
Okay im getting the picture thanks you guys!!
2007-01-25 11:54:17 · update #3
They are legally married, i was never married to him.
2007-01-25 11:54:59 · update #4
If you and the stepmom claim him and the child has lived with his father for six months and they can prove it then the IRS is going see if you have proof since he didnt live with you youre out of luck if you try to file him and the stepmom does you could be penalyzed,not worth it
2007-01-25 11:52:31 · answer #1 · answered by poet 2 · 0⤊ 0⤋
did you pay any money toward child support? if so, that should be worth a deduction , if not, then the person who supported him should be entitled to claim him. you need to be sure that she is not claiming him before doing so yourself.the irs will find out eventually. if the step mom claims your son, wont his father still get the money? it is a shame that a child is being used as a weapon of revenge.
2007-01-25 12:10:40 · answer #2 · answered by DEBI M 3 · 0⤊ 0⤋
If she is living with your son as a step parent and calims him, that is legal. If you claim him too, you will both get audited and you will need to prove the kid was in your custody. If you can't? you will get penalties and I know, my ex tried to claim one of our two kids and he got in trouble. Sorry she is getting this deduction.
Tracylyn S
2007-01-25 11:49:33 · answer #3 · answered by Tracylyn S 3 · 1⤊ 0⤋
She can't claim him if they're not legally married you have to sign a paper giving her permission to claim him.Your ex is not a legal resident so he can't claim him since he can't file a tax return so you have the right to claim him and that money belongs to your son since he doesn't reside with you.
2007-01-25 11:54:03 · answer #4 · answered by Ms Lety 7 · 0⤊ 1⤋
You need to find out if she is claiming him. Or file your taxes claiming him before she does. The IRS will find out if he is claimed twice and someone will get in trouble for tax fraud.
2007-01-25 11:44:26 · answer #5 · answered by taz4x4512 4 · 1⤊ 0⤋
You meet the IRS criteria for claiming the youngster; in the experience that your ex regardless of tries to declare the youngster also he ought to face detention center time and different significant issues of the IRS. They do verify intently in those situations to verify with whom the youngster is living and etc.
2016-10-16 02:50:49 · answer #6 · answered by alim 4 · 0⤊ 0⤋
Read your divorce papers? or legal separation papers, it should tell you, if not ask the lawyer or IRS ask who can claim him.
2007-01-25 11:45:24 · answer #7 · answered by darlene g 2 · 0⤊ 0⤋
So how come your son doesn't live with you?
2007-01-25 11:44:54 · answer #8 · answered by Anonymous · 0⤊ 0⤋
ur ex is going to sue u
2007-01-25 11:43:23 · answer #9 · answered by Anonymous · 0⤊ 0⤋