My daughter moved out at 17 to live with her boyfriend, and then by herself to some land her mother owns. I pay her health insurance and in divorce papers have full custody. My daughter told me to claim her on my taxes. I think her mother is committing welfare fraud and using my daughter to get foodstamps. My daughter says that her mother is NOT going to file taxes which I assume is because she technically is claiming to be separated from her husband and does not have enough income. I've already done my daughters taxes, and put down that someone else was claiming her, she got back everything she paid in. If I claim her on my taxes I know the 1040 form asks "how long lived with you". What should I put down? Any input you have on this would be appreciated, as I am totally ignorant in this area, but want to do the right thing.
2007-03-11 09:58:04 · 4 answers · asked by Lance 3 in Business & Finance ➔ Taxes ➔ United States
The key to being able to claim your daughter is the income she made for the year, and the language written into your divorce decree regarding custody of your daughter .
Your daughter can be your qualifying child if she did not provide over 1/2 of her own support, and your divorce decree gives you the right to claim her even if she does not live with you.
Your daughter can be your qualifying relative if her income for the year is less than $3300, and your divorce decree states that you may claim her regardless of the support you provide.
The IRS does not consider you the custodial parent since your daughter does not live with you. You may re-establish that relationship if a local court has granted that right to you in your divorce decree.
Even though your daughter did not live with you, and even though you probably did not provide over 1/2 of her support, according to page 28, chapter 3 of IRS publication 17, "Personal Exemptions and Dependents", you may attach pages of your divorce decree that show the years you may claim your daughter as a dependent, along with the cover page, and the signature page.
The IRS rules regarding who may claim your daughter will yield to the jurisdiction of a local court.
The divorce decree must state that the non custodial parent (you) may claim the child without regard to any condition such as payment of support. It must also state that the custodial parent (her mother) will not claim the child, and it must state the years you may claim the child even if she does not live with you.
Unfortunately, if your divorce decree does not have the specific wording, you can not claim your daughter unless you go back to court and have the wording changed.
Before you claim Head of Household, and list your daughter as your dependent, see IRS Publication 501 for more specific information and additional rules that apply to your situation.
If your daughter is providing her own support, then she is not anyone's dependent. But since she is living in her mother's house, there is a possiblity that more than 1/2 her support comes from sources other than her own.
See page 18, IRS Pub 501 for a chart to help you figure your daughter household support.
2007-03-12 06:28:52 · answer #1 · answered by AngeloElectro 6 · 0⤊ 0⤋
I assume your daughter did not live with her parents for more than six months in 2006. She cannot be a qualifying child of either parent. At best, she can be your qualifying relative if you provided over 50% of her support and she made less than $3,300 of taxable income in 2006.
If you meet the qualifications for your daughter to be your qualifying relative, you can put her on your taxes and get the exemption. You will not get the child tax credit nor the earned income credit, since the rules for divorced or separated parents do not apply to you (she didn't live with you or her mother).
The mother's activities regarding the daughter are irrelevant to your taxes.
2007-03-11 10:11:01 · answer #2 · answered by ninasgramma 7 · 1⤊ 0⤋
If your daughter lived with you for more than half of 2006 you can claim her as a dependent. If she didn't live with you for more than half of the year, you cannot claim her. Paying her health insurance isn't likely enough to qualify as having paid more than half of her support so you'll lose on that test as well.
Your daughter cannot "tell" you to claim her as a dependent. She doesn't get a choice in the matter; the law alone decides if you can claim her as a dependent and it does not appear that you are entitled to the exemption.
All of the other information supplied is irrelevant to the question at hand.
2007-03-11 10:06:39 · answer #3 · answered by Bostonian In MO 7 · 3⤊ 0⤋
Your daughter does not have to live with you to claim her on your taxes. This falls under special rules for divorced parents. irs.com will give the rules, type in divorced parents in the search bar.
2007-03-12 02:29:44 · answer #4 · answered by nosouix 2 · 1⤊ 0⤋