I have a friend who's ex is on welfare. His 3 children live with her. He pays child support. She is not working. Since she doesn't work she can't claim the children on taxes, correct? She doesn't have any income except for the welfare. If she is not claiming them as dependents, doesn't my friend have the right to claim them as dependents on his taxes? If he can, would he have to get her to fill out an 8332 form?
2007-09-14 02:17:06 · 7 answers · asked by Barb W 1 in Business & Finance ➔ Taxes ➔ United States
I agree with P.J. and no matter how many nasty emails I get I will always warn others not to get their final solution from any answer given on Yahoo Answers.
Make no mistake there are many people here who know EXACTLY what they are talking about and will usually give you the source and how to find it for yourself to confirm their information.
2007-09-14 02:54:33 · answer #1 · answered by Anonymous · 3⤊ 0⤋
He doesn't have an automatic right to claim them.since he isn't the custodial parent. He would need either a court order or a signed 8332 form.
I'm assuming that his ex is claiming the child support money with the welfare people.
2007-09-14 04:35:49 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
It would be in your friends best interest to get the Form 8332, because this way he is on the safe side. Sometimes if the person has no income and has dependents that can be claimed on a tax return, tend to "sell then" to a friend or family in order to get some easy cash. If he was to claim them and someone else has claimed them with her consent, both parties will be asked to submit information regarding the dependents, in order to see who is legally able to take this child credit. The information that will be asked for includes school records, medical records, SS cards, Birth Certificates, and proof that the dependents receive from him more than 50% (money wise) of what they need on a daily bases and this is very hard to proove cause he need reciepts.
2007-09-14 04:52:22 · answer #3 · answered by Anonymous · 0⤊ 2⤋
Gem, is proof that having many answers does not mean you have a clue. You are correct about the form and he needs to attach a copy to the tax return.
The only thing that might concern me is that you need to make sure he is providing more support than welfare is.
2007-09-14 02:27:47 · answer #4 · answered by Anonymous · 3⤊ 0⤋
He would have to have her sign the 8332, but with the kids not living with him it is doubtful he will get all of them. This may negatively effect her welfare support, and he would need to prove he provides more then 1/2 their needs. If she is on section 8 that is not very likely.
2007-09-14 04:02:09 · answer #5 · answered by Landlord 7 · 0⤊ 3⤋
He needs to go to his ex and try to work it out with her. He can claim them if he provides more than half of their support, but needs her to sign the form that you mentioned. They do not need to live with you to qualify as dependants if your ex will give up her right to the deduction. She will not lose her welfare if she allows him to take the deductions.
2007-09-16 09:15:46 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Nope, you are unable to claim the children unless you divorced way back in the early 90's and the divorce decree stipulates it, AND the kids live with you more than 50% of the time.
Thems the breaks.
2007-09-14 02:22:38 · answer #7 · answered by Gem 7 · 0⤊ 3⤋