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my son and i lived with my parents for most of 2006 and, he wants to claim me and my son. i am 24 years old and, married but, have been seperated since april 06'. and, my son is not my husbands.

2007-02-03 04:26:04 · 11 answers · asked by Anonymous in Business & Finance Taxes United States

my dad supported us and i made practically no money last year. and, my husband (soon 2 be ex) is in jail right now and, he wouldn't claim me. i claimed him last year. lol. he doesn't work.

2007-02-03 04:37:12 · update #1

and, i don't mind if he claims us at all.

2007-02-03 04:38:20 · update #2

11 answers

Well you and your son had to live with him almost the whole year and your husband CAN NOT claim you or the child. Hope this helps answer your questions :)

2007-02-03 04:31:29 · answer #1 · answered by babyN 4 · 0 2

Maybe. Ther are a number of complicated rules that come in to play in your situation. There is NO easy answer -- any one who says "Yes" or "No" without knowing ALL of the facts is just guessing.

If you file a joint return with your estranged husband the answer is almost always no. (I won't go into the convoluted exception to that, you can look it up yourself but it rarely applies.)

If you were a full time student he can claim you and your son regardless of your income as long as you don't claim yourself or your son on YOUR tax return and nobody else claims your son on their return, as long as your father paid more that half of your support and your son's support.

If you were not a full time student, your father can only claim you if you had less than $3,300 in gross income and he provided more than half of your support. He can claim your son if nobody else does (including you) and if he provided more than half of your son's support.

Get a copy of IRS Pub 501 at the IRS website and read it CAREFULLY. It may take a few readings to understand everything clearly.

2007-02-03 04:41:50 · answer #2 · answered by Bostonian In MO 7 · 0 2

If your dad provided more than half of your support, and your gross income for the year was under $3300, then he can claim you as a qualifying relative as long as you don't file a joint return with your husband. If you file a joint return or made over $3300, then your dad can't claim you.

If your son lived with your dad for over half of the year, then your dad can claim him as a qualifying child.

2007-02-03 14:56:59 · answer #3 · answered by Judy 7 · 0 2

You did live with them. I would let him.

Of course if you paid your own way while you were there, rent, utilities,food, child care cost then this is a different story. I do not hear many stories of people moving back with there parents and paying such bills though.....it would only be fair to let your father claim you guys as Dependants, or anything else he would want.

It is not the point if he can or not. It is the point your father wants to. If he is not legal to he will find out down the road. We need to get along with parents who are willing to let you live with them and take in your child. You may need help again some day....

2007-02-03 04:33:24 · answer #4 · answered by Anonymous · 0 4

It depends on if he was supporting you, or if you were supporting
yourself. If you were in school and didn't have a job, for instance.
And if your husband was paying support or not would make a
difference too. If your dad was paying for everything, then yes,
he can claim you both.

2007-02-03 04:32:08 · answer #5 · answered by doodlebug 5 · 0 4

If you are not claiming yourself and he can show that he did most of your up keep for the year. The same for the child.

2007-02-03 04:30:08 · answer #6 · answered by ronnny 7 · 0 3

Absolutly not. You may be seperated, but you are still married. If there was a chance of him claiming you, it would be only you and you would claim your son.

2007-02-03 04:30:20 · answer #7 · answered by Anonymous · 0 4

No, he may not, unless you are disabled or otherwise incapacitated in some way and he was your sole support during the taxable year. He must adopt your minor son and be his sole support to be able to claim him.

2007-02-03 04:33:44 · answer #8 · answered by Anonymous · 0 4

I think he can if you dont when you do your taxes. My husband claimed our kids but his parents claimed him on theirs when we lived with them. I would call a tax place to make sure though :)

2007-02-03 04:30:12 · answer #9 · answered by another_greeley 2 · 0 4

your dad can claim you if you made less than $3,300.

sorry, i was wrong earlier. your dad can also claim your son since he is a "qualified child"

2007-02-03 04:32:06 · answer #10 · answered by tma 6 · 0 3

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