MY husband has two children from his first marriage in the devours papers it said that he get to claim one child and his ex claims the other. But she is no longer takeing care of the children at all and they have lived with us full time not for about 9 mo now. I was told that if they do not live with her for more than 6 mo that she can not clam them at all. Is this true if so how long do they have to be with us full time?
2007-11-26 13:39:49 · 7 answers · asked by Mrs E 3 in Business & Finance ➔ Taxes ➔ United States
There is a law that if the child is not liveing in your home you can not claim the child. They where liveing with us 3 days out of the week and every other weekend. But now the mother dose not want them liveing with her. So they live with us full time. She dose not pay for anything.
2007-11-26 13:51:27 · update #1
You go by the divorce decree.........
2007-11-26 13:45:07 · answer #1 · answered by Jerry 2 · 0⤊ 1⤋
You were told that if the child does not live with the mother for more than 6 months then she cannot claim the child. In your case, this is wrong. There is a legal document assigning the dependency exemption to the mother.
You and your spouse can claim one of the children as a dependent. However, you can claim both children for the Earned Income Credit, since both children live with you.
2007-11-27 01:51:17 · answer #2 · answered by ninasgramma 7 · 0⤊ 0⤋
IRS rules for claiming dependents states a child can be claimed by a parent (assuming separation or divorce) who the child lived with the longest that year. It appears that since the amount of time the child lived with you is 9 months, assuming all in 2007, you to claim them as a dependent exemption.
2007-11-26 14:17:01 · answer #3 · answered by $$Cypher 2 · 0⤊ 1⤋
Normally the child would have to live with her for over 6 months for her to claim them, but there are special rules for divorced parents. If the divorce decree meets the IRS rules for determining who gets the exemption, he'd have to get that amended before he could claim both of them. He has become the custodial parent, but the non-custodial parent (her) can still take the exemption if the divorce decree says so, and it meets the IRS requirements.
He's probably going to have to see a lawyer on this. If custody hasn't formally been changed to him, maybe it could all be done as one package.
2007-11-26 14:00:41 · answer #4 · answered by Judy 7 · 2⤊ 0⤋
Look up "income tax preparation" in your phone book and call one of the numbers. Any tax preparer should be able to tell you the laws as they apply to your state. My guess is that after a certain period of time (if you and your husband have been the sole financial support for the children for the majority of the year - and I believe it is more than 6 months) you and your husband can claim this child on taxes. But I don't know for sure. Good luck.
2007-11-26 13:55:08 · answer #5 · answered by Wonderin' 2 · 0⤊ 3⤋
No you are allowed to claim the children by law they have lived with you for 9 months.
Got to the IRS web site and you will see...
I found the page you need.
2007-11-26 15:00:03 · answer #6 · answered by billieleann78 4 · 0⤊ 1⤋
If you want to claim them, your husband must go to court to get the divorce papers amended.
Otherwise, he can claim only one.
2007-11-26 13:47:39 · answer #7 · answered by Anonymous · 0⤊ 1⤋