Can they claim us & if not how do I file?

Question

My divorce is pretty much finalized. My son and I have been living with my parents since the end of March. We will probably not move out until the first part of next year. I am 26 and my son is 5. We have been staying with them since my husband and I seperated so I can get on my feet. When my parents file their taxes next year can they claim me and my son? How would that affect my refund next year, because then I wouldn't know how to file? If not do I just file single for the tax year 2007. And then for the tax year 2008 can I file head of household since I have custody of my son and next year we will be on our own?

Answer 1

Are you going to be divorced by the end of the year? I am assuming that you are.

Your filing status is single.

If your income is less than $3,400 and your parents provided over half of your support, then your parents can claim you, and you could not claim yourself or your child. Your parents could also claim the grandchild. In this case, you would file as single with zero exemptions.

If your income is more than $3,400, your parents cannot claim you. You as the custodial parent have three choices
1. Claim the child as your dependent
2. Allow your parents to claim the child
3. Allow your ex-spouse to claim the child (by Form 8332).

If you choose 1, you can get all tax benefits for the child including the Child Tax Credit and Earned Income Credit. If you choose 2, you get no tax benefits for the child. If you choose 3, you can get the Earned Income Credit for the child.

Next year if you maintain a home for your child, and are unmarried, you would file as Head of Household.

Answer 2

If you made over $3400 this year, your parents can't claim you no matter how much of your support they provided. So you'll just file your own return - if your divorce is final by the end of 2007, you can file as single, otherwise you'd have to file as married filing separately or file a joint return with your soon to be ex. For 2008, if you are not living with your parents but are on your own for most of the year, you can file as head of household.

Since you and your son are living with your parents this year, they can claim him or you can, but not both of you. You and they should talk it over and decide which way to go - either way is legal.

Answer 3

It all depends on if you are working, if you are you can file single/w dependent, but if you haven't grossed enough income they can carry you and your son, but be careful that your ex don't file first and carry him because then you cant carry your child unless you have proof the he has lived with you,and then you can get him for tax fraud, trust me been there done that, but yes you can file yourself, it really depends on if you are supporting yourself by working or if your parents are supporting you. best of luck.