I pay child support to my ex husband for our three daughters. Due to his ever increasing greed of money I am not allowed to claim any of them on my taxes for EIC benefits. Am I still allowed to claim one of them for Child Tax Credit even though she lived with me less than half the year (as a non-dependent credit)? Will that affect his filing of his taxes claiming all three of them?
2007-02-19 08:59:39 · 6 answers · asked by intewonfan 5 in Business & Finance ➔ Taxes ➔ United States
if you both claim them, you will both be audited by the IRS.
if you want to be able to claim the children, take it to court. get a court order stating that every other year is your turn.... or you get to claim on the 'even' years.
doesnt hurt to try.
some IRS links to help anwer your questions.
TAX INFO
http://www.taxsites.com/index.htm
http://www.divorceinfo.com/taxes.htm
http://www.irs.gov/taxtopics/tc354.html
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/advocate/index.html
http://www.irs.gov/publications/p525/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://money.cnn.com/2007/02/14/pf/taxes/do_not_miss_tax_breaks/index.htm?postversion=2007021411
2007-02-20 00:36:10 · answer #1 · answered by Yvette B yvetteb 6 · 1⤊ 0⤋
You can't claim the child tax credit for a child who didn't live with you for over half of the year unless you can also claim that child as a dependent.
2007-02-19 12:13:12 · answer #2 · answered by Judy 7 · 2⤊ 0⤋
Well supposedly the law is that you can claim a child if they lived with you.......... bottom line. My daughter just went to court 2 months ago and the daddy asked the judge can he claim him since he will be paying child support and the judge told him no. Because the baby lives with us. Our situation is that my daughter is 18 years old she is going to college and does not work and lives with us and so does the baby. Although he was going to pay child support the baby lives with us and my husband (grandfather) and me (Grandmother) support the baby. So legally if the child lives you, then you can claim child. But if your boyfriend and the mother of his kids can agree they he could claim the child but as long as she gives him permission. You dont need paper work or documentation just as long as they agree. I hope this helps. Cause when my grandbaby's dad was told no by the judge he told the judge "im gonna fight this and get a lawyer and come back" And judge said young man you dont seem to understand you will never be able to claim your son, EVER as long as the child does not live with you. But do they have joint custody (equal custody) or does she have custody of kids. Cause if they have joint custody then maybe he might be able to.
2016-05-24 17:32:37 · answer #3 · answered by Anonymous · 0⤊ 0⤋
No. You can't claim child tax credit (OR EIC, for that matter) for a child that did not live with you most of the year.
2007-02-19 09:04:44 · answer #4 · answered by Anonymous · 3⤊ 1⤋
No you can't claim her, she has to be claimed as a dependant on your return to be able to do that, and if he is the one allowed to claim all of the children, the IRS will audit both of your returns and if they find that you claimed fraudulently you will owe any money you got back plus penalties and interest
2007-02-19 09:06:30 · answer #5 · answered by stuart 3 · 3⤊ 0⤋
Court order will decide who can claim what
2007-02-19 12:03:14 · answer #6 · answered by Anonymous · 1⤊ 1⤋