can i claim my daughter on my taxes?

Question

Her mother does not work and lives with her mother and my daughter. I pay child support . Can my ex girlfriends mother claim her over me.

Answer 1

unfortunately there are so many answers on here and some people dont know what they are talking about. ive had some problems with this same issue and have researched it on IRS websites extensively. my husband is in a very similar situation to you. the fact of the matter is...that your ex has the right to claim her first, but because she has no income and if she doesnt file, that right is YOURS because you are the parent. you have a right OVER her mother because you are the parent and not her, even though she may have lived with the grandmother for more of the year. the order would go: mother, you, grandmother, etc. if you look on the IRS website, they have a publication that you can view they have special rules for parents who are separated and then they even have tie breaker rules. unfortunately the child support thing doesnt matter much to the IRS.

A child will be treated as being the qualifying relative of his or her noncustodial parent if all four of the following statements are true:
1. The parents
a. are divorced or legally separated (or were never married)
b. are separated under a written separation agreement or
c. lived apart at all times during the last 6 months of the year
2. The child recieved over half of his or her support for the year from the parents.
3. The child is in the custody of one or both of the parents for more than half of the year.
4. Either of the following statements is true:
a. the custodial parent signs a written declaration, that he or she will not claim the child as a dependent for the year and the noncustodial parent attaches this written declaration to his or her return.
b. a pre-1985 decree of divorce or separate marintence or written separation agreement that applies to 2006 states that the noncustodial parent can claim the child as a dependent.

And here is the tie breaker rule
if more than one person files a return claiming the same qualifying child and only one of the persons in the child's parent then they child will be treated as the qualifying child of the parent.

www.irs.gov is where i got this information and they have much more including examples, if you need more help.

so...if you'd like to protect yourself, have your ex sign a written document (form 8332) to make a declaration releasing the exemption to you. this is done to prove to the irs that she will not claim him on her taxes, but because she is not going to file because she doesnt work, this actually is a little unnecessary. what im saying is: CLAIM YOUR DAUGHTER BEFORE YOUR EX'S MOTHER HAS THE CHANCE TO. the second person who efiles using the same SS# will be rejected, and you will have to paper file and prove that you are the one that should be claiming her, and it will hold up the process A LOT! claim her, you have every right to!

Answer 2

Child support payments do not usually give you the right to claim the child as a dependent.

The parent the child lived with for the majority of the year gets the deduction unless you have worked out a different arrangement.

Answer 3

Your dad will be getting a refund for your daughter the only way he would not is if he owes the IRS and in that case they will take what he should have gotten. The amount he gets depends on what he made for the year. It is called a child tax credit and I only worked part time and didnt pay much in taxes and I am getting back around 3000 (with two kids). You get more of a tax credit for a child if they were born in the year that you are filing for. Does your dad claim you on his taxes? Assuming he does then he is already fully aware of the child tax credit even if he doesnt claim you.

Answer 4

My experience with this is the IRS says if you are not the custodial parent, you must be able to prove you provide 51% or more to the cost of raising the child. This usually requires you to pay mortage/rent, groceries, clothing, medical bills etc. and have receipts as proof.

If you only pay Child Support and little other, forget it. The person providing the majority of the support can claim the child as a dependent, even a Grandparent.

Unemployment is not a factor unless you can prove it forces you to provide 51% or more of the financial support required.

Do not attempt to claim the child if you are not qualified. If you do, the IRS will discover it, and you will then be in deep "doodoo".

Answer 5

Not unless she lived with you for more than 6 months out of the year. Child support does not count as supporting her when it comes to taxes. If she lives with the grandmother and grandmother supports her and her mother than definitely not. Grandmother has the right to claim her over you. In the event both of you claim her, two factors will be looked at. First, who actually claimed her first and legally. And secondly, who has the proof of actually supporting her.

Answer 6

In the case of divorced parents, the rules are different. Both parents are considered together to determine if the child qualifies as a dependent. If so, the custodial parent claims the exemption unless there is a written agreement to allow the other parent to claim them.

Answer 7

The custodial parent gets to claim the child unless she fills out a form allowing you to claim the deduction.

Answer 8

Unless you have something in writing, like in your divorce decree or the child support order than you can claim the child, or the mom of your child gives you written permission to claim her, then grandma can claim her and you can't. It doesn't matter how much you pay in child support.

Sorry.

Answer 9

I believe that if you can prove that your child support is more support finacially than your daughters grandmother pays toward the child. I would consult a tax accountant or an attorney.

Answer 10

Technically whomever provides more than 50% of the support is suppose to get the claim BUT get this agreed on before you each file, because both claiming her is called . . . tax fraud .

And always ask the real people not just here . . .

http://www.irs.gov/