I have two children. One I don't have custody of, but the child has been living with me for a year and a half. My ex has it in the paperwork that he gets to claim the child. I have proof through dshs that this child is living with me also. Can I claim the child or will i get in trouble with the irs??
2007-01-25 16:25:59 · 6 answers · asked by avalonprincess 1 in Business & Finance ➔ Credit
What a court document says means diddly to the IRS. I had a friend who had a court document stating they would alternate years for claimng the child as a dependant. IRS nailed him for over $10K in taxes and penelties because the the child lived with his mother, not him. If the child lives with you and you provide the majority of the financial needs, you get the deduction; but if the child comes up on two different tax returns as a dependant have your ducks in row because the IRS will investigate.
2007-01-25 16:40:32 · answer #1 · answered by xtowgrunt 6 · 0⤊ 0⤋
your ex cannot claim the child for tax if he or she is not living with him .ie he has not incurred any expense or provided shelter etc.to do so would be fraud.
in any case the ex should be paying you child support if the child is living with you.
it would seem to me that the paperwork in this case at the moment will have to give way to the facts of the situation.
that seems like common sense.be honest with the i r s and you cannot get into trouble.ps i'm not a lawyer.
2007-01-26 00:38:21 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Two of you can't claim the same child. You might want to check www.losthorizons.com maintained by Pete Hendrickson, author of Cracking the Code the fascinating truth about taxation in America. You might be surprised at what you might learn.
2007-01-26 00:38:06 · answer #3 · answered by loco13 1 · 0⤊ 0⤋
If you are legally allowed as primary guardian you can claim the child. My divorce papers spelled this out.
2007-01-26 00:34:20 · answer #4 · answered by Ole Charlie 3 · 0⤊ 0⤋
If he has legal custody and the decree gives him the exemption you'll need to go back to court to get that changed. Unless he's willing to let you have the exemption.
2007-01-26 07:24:42 · answer #5 · answered by Bostonian In MO 7 · 0⤊ 0⤋
yes you can you provided for the child for more than 6 months of the year so yes.
2007-01-26 01:03:17 · answer #6 · answered by billieleann78 4 · 0⤊ 0⤋