My sons mother does not work. Her only income is the $650 I give her (no support order were still married) He lives with her. I pay 100% of his cost of living. She lives with her mom and claims since her mom pays the rent lights and all the bills her mom should claim him or her, but if my son wereto live with me she would still have to pay her rent and utilities. The support I pay is for his and her food and clothes for them. just because he lives with her doesnt mean she supports him since she has no income
2007-09-09 08:55:33 · 6 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
Being the custodial parent (the person that the child lives with) is a powerful argument. It will take a great deal of evidence to make your case. If she has already filed a return or for that matter if the grandmother has filed you would need to file a paper return with your evidence to support your claim for the exemption.
2007-09-09 09:05:16 · answer #1 · answered by ? 6 · 0⤊ 0⤋
It is true that the custodial parent has first right to claim the child, regardless of income or support.
You can claim the child, but the mother must sign Form 8332 to you, and you must file this form with your tax return. Since you provide her with child support, hopefully she will be reasonable and sign the form so that you can claim the child.
If she does not sign the form and the grandmother claims the child, there is nothing you can do, short of getting a court order directing the mother to give you the exemption. This is an acceptable substitute for Form 8332.
If the mother signs Form 8332, or you get a court order, and the grandmother tries to claim the child, you will win according to the IRS tiebreaker rules.
Although you live apart, you are still allowed to file a joint return. Perhaps this is another option you can try.
2007-09-09 09:29:32 · answer #2 · answered by ninasgramma 7 · 0⤊ 0⤋
The amount you give her in lieu of child support isn't taxable to her, so she wouldn't be filing an return since she wouldn't have any taxable income to file on - and if she doesn't file, there's nothing for her to claim him on.
But even then, unless she gives you written permission to claim him of you have court papers saying you can, you can't claim him since he doesn't live with you. Doesn't sound fair I know, if you are supporting him, but that's how the law reads. If you are on fairly decent terms with her, see if she'll fill out and sign a form 8332 to let you claim him as a dependent.
Her mom might be able to claim him since they live with her and she's his grandmother, and under some circumstances might be able to claim her daughter also.
If you are still married, the other option is to file a joint return if you can agree on that. Otherwise, you have to file as married filing separately which can get real expensive - you'd have to file that way even if you are allowed to claim your son as a dependent, since he doesn't live with you.
2007-09-09 10:25:09 · answer #3 · answered by Judy 7 · 1⤊ 0⤋
you are able to declare an unrelated guy or woman if the guy a million. Lived with you all 365 days 2. Had income below $3,650 3. replaced into supported by ability of you extra advantageous than 50% 4. replaced into no longer a qualifying newborn of yet somebody else assume to be challenged on factors 3. and four. The IRS assumes that youngsters stay with dad and mom, or a minimum of kin. If the daddy has income, the IRS will disallow your declare and require the daddy to report a return.
2016-12-16 15:45:30 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Why don't you get a legal separation and get it all down in writing?
2007-09-09 15:13:07 · answer #5 · answered by towanda 7 · 0⤊ 0⤋
Why are you still married?
2007-09-09 09:04:52 · answer #6 · answered by lonelygirl 1 · 1⤊ 1⤋