My daughter and i lived with my parents after we came home from the hospital after she was born. Her dad wasn't around never came to see her and we weren't together. Well my parents took care of her for the first 6 months of her life til i moved out. They claimed her on their taxes but it was rejected because he had already claimed her. My daughter has only lived with my parents and i not him How do i fight it?
2007-02-10 02:53:32 · 5 answers · asked by ♥ Ash ♥ 2 in Politics & Government ➔ Law & Ethics
Monetary support alone does NOT give ANYONE the right to claim a child as a dependent.
Since this is your parents tax issue, have them contact the IRS immediately. The 'father' has no legal right whatsoever to do this.
http://www.irg.gov
2007-02-10 03:28:21 · answer #1 · answered by Enchanted 7 · 0⤊ 0⤋
My best advice would be to call the IRS and ask the question how to settle this. It would have been a lot clearer if YOU claimed your child on your Federal taxes and not your parents. They may not have the same legal standing with a case of un-wed parents versus if you were married and subsequently divorced.
If you file taxes and claim your child then the deduction would go to you. Unless you signed a form 8332 authorizing him to take the deduction. Since the law states the deduction remains with the custodial parent. If both of you share custody even if he does not exercise his right to custody, the waters become a bit more murky if he provided more than 50% of the child's support for the tax year. Since you do not state the particulars to any court proceedings that cover his rights as a father of the child. (If you had not claimed he was the father then it would be easier but compare the 20% tax on the 1,300.00 deduction versus the child support you received. You came out better to get the child support.)
[ For the past several years, it was the official Internal Revenue Service (IRS) position that the entitlement to claim the tax exemption for a child of never-married parents was not controlled by the “special support test” (commonly known as the “custody rule”) but rather by the “regular support test” (taxpayer must have provided more than 50% of the dependent’s total support).
That has now (once again) changed. Effective with the 2003 tax year, IRS now says the “custody rule” DOES apply to never-married parents. The change of IRS position is apparently the result of the decision of the US Tax Court in the case of King and Lopez v. Commissioner, 121 TC #12 (9/26/2003), which gave a revised interpretation to Internal Revenue Code § 152(e), the law creating the "special support test" for divorced and separated parents.
So, for tax years 2003 and thereafter ............
The "Tax Tip for Never Married Dads" that previously appeared at this website, explaining the circumstances in which a never-married non-custodial parent of a child born out-of-wedlock could claim the child dependency exemption, should be disregarded.
In view of the US Tax Court decision in the King/Lopez case and in view of the recent change of the IRS position, a non-custodial never-married parent should NOT claim the child as a dependent (regardless of how much support was paid) UNLESS the non-custodial parent's tax return is accompanied by a completed IRS Form 8332 signed by the custodial parent. ]
2007-02-10 11:46:31 · answer #2 · answered by Bob 5 · 0⤊ 0⤋
Whoever the child has lived with and can prove they provided more than half of the income to support the child is the person who can claim the child on their income. It sounds to me as if your parents are the ones who have provided this support. What will happen if they file their taxes and claim the child and he also claimed the child in the same year they will do an audit and he will be the one in trouble because he will not be able to prove he supported the child because the child was living with your parents and they were supporting his child not him. You can also call the IRS at an 800 number and get free advise on this or your tax consultant will tell you the same thing although they are not lawyers. I read this the other day on dependants at the IRS website. Anyone who has lived with someone six months or more and has supported them six months or more can claim them on their taxes. How did he get the childs social security number to file? If he doesn't have it, he can't file without it.
Good Luck.
2007-02-10 11:07:54 · answer #3 · answered by devilgal031948 4 · 0⤊ 0⤋
contact the IRS. Has the father provided any monetary support?
2007-02-10 10:56:10 · answer #4 · answered by Anonymous · 1⤊ 1⤋
how did he get the social security #???
you claim her too. and if you get audited, or called, explain the situation and he will have to re-pay. don't worry.
2007-02-10 11:00:09 · answer #5 · answered by big dog 1 · 0⤊ 0⤋