Is there a law that if a child dose not live with you for so long you can not claim them on you tax's?

Question

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? 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.

We live in Michigan.

Answer 1

You can claim both children as long as they have resided with you the greater portion of the year which ends on Dec 31st, midnight.

Answer 2

If the child lived with you for six or more months than you can claim the child. There is a question that asks if someone else can claim the child and if you feel like she will then you need to put yes. If the child has been with you half the time then you have to share. If it's not though the court system that you have the child and you are just taking care of the child from an agreement with the other parent then make sure you have proof. I heard that the IRS was doing alot of auditing this year.

Answer 3

No. If a child lives with someone else, but you are providing more than half their financial support, you can still claim them.

You can also claim them if you pay less than half, but you have an agreement with the other parent that you will be the one to take the deduction.

The IRS doesn't really care WHO takes the deduction, as long as only one person does.

Richard

Answer 4

I know if a child is legally emancipated, or the other parent has sole custody, then you can't claim them on your taxes.

You also cannot claim any child over 18, unless they are a full time student.