Anyone know about taxes?

Question

I have recently divorced, my ex husband is not the biological father of my 8 year old daughter and he never adopted her. He is wanting to claim my daughter as a dependent when he files his tax return this year, however he up and left us for his 16 year old girlfriend at the beginning of the year. I also work and have intentions of listing my daughter as my dependent. Can he legally do this when I have already told him that I am claiming my daughter? Also does anyone know what tax credits are available for low income single parents. I am a college student and only make around $19000.00 a year. Any advice is helpful!

Answer 1

In the IRS world, your daughter is his step-child, even after you have divorced. However, in your situation, since your child did not live with him for more than half the year she does not qualify as his dependent child. If he goes ahead and claims her anyway, you will both get letters from the IRS. You'll need to provide details of when your daughter lived with you, with evidence like school and medical records. It is a hassle, but you will win. If you e-file first, he would have to paper file a return claiming the child, which might discourage him. If he e-files first, you won't be able electronically file. Don't let that discourage you from claiming your daughter! It only means that the IRS computers won't take the return, not that the IRS has decided he will get to claim your daughter.

There are a lot of tax credits to which you are entitled. At your income you'll qualify for EITC (earned income credit,) the child tax credit, additional child tax credit, possibly education credits if you're paying the tuition for school, and the dependent care credit if you're paying for child care while working or going to school full time.

Hopefully you can convince your ex that it's only going to cause him trouble, with no money gained, if he claims your daughter.

Answer 2

Your best bet is to not file seperate because you both will get slaughtered with taxes. Since you were married at the beginning of the year you can still file together I believe. Then What you can do is split the taxe return proportionally based off the income each one of you earn. He may go for this because then you both can take advantage of claiming your daughter. But you would be coming off way ahead because you would be taking a proportion of his money when if you claimed your daughter solely you won't really see any benefit because you are already low income. If you both can file together you may end up walking away with a couple thousand dollars, depending on what your husband makes a year. Reguardless I would strongly suggest filing jointly because it will be better financially for both of you. And he would be a fool not to agree to that, because if he claims your daughter and you claim your daughter the IRS will hit him with a huge penalty if they ever audit his account (which could happen with one phone call from you, he he he) You basically have him by his nuts, time to squeeze a little. What the Hell, try to get half of whatever you both get back. It still would probably be better for him than filing seperately with out a deduction or defrauding the IRS by saying he does, this especially holds true if he makes a fair amount of money.

Tell him "Lifes a ***** and you just divorce one, . . . Asshole", lol

Answer 3

Tell him to pound salt. You are the custodial parent, and you have the right to claim her unless you voluntarily sign that right over to him - that would be true even if he WAS her biological father. Tax law treats stepparents the same as biological parents, even after a divorce.

If he claims her anyway, and you claim her, you'll both end up with some IRS paperwork to prove who has the right to claim her, but just give them the info they ask for, you'll win.

If you both claim her and file electronically, the second person filing will reject for efile and they'll have to file on paper. This does not mean that the first person gets the claim, but would delay the refund for the second person, so file as soon as you can, and efile.

You'll get an exemption for her on your return, and also a child tax credit which should wipe out any federal income tax that you owe. You should also be eligible for an Earned Income Credit of around $2000, so you should get a refund of anything that was withheld for federal income tax, plus the $2K EIC amount.

The people who say that you can probably file as head of household are correct, but it won't matter, since just the child tax credit will already wipe out the tax you'd owe.

If you don't do your own taxes, look for a VITA site in your area - trained, certified volunteers will prepare your tax return at no charge, and most sites efile. To find a local site, see irs.gov when tax season gets closer, and type "VITA" into the search box. Many malls and libraries are VITA sites - your local librarian might know where the nearest site is.

Answer 4

When you married, your child became his stepchild. This relationship does not terminate with your divorce. So you need to learn a bit about taxes for divorced or separated parents, because your child will remain his stepchild for tax purposes, and he will be considered a "parent".

If he lived with the child for more than half the year, and he makes more money than you, then he would be entitled to claim the child before you. If a dispute arose, he would win according to the IRS tiebreaker rules.

Assuming you are not a qualifying child yourself (I assume you are at least 24 years old and do not live with a parent or other close relative), then as the parent with whom your child lived the longest period of time, you are the custodial parent and have the first right to claim your child. Your tax benefits are:

1. An exemption for the child of $3,400
2. A child tax credit/additional child tax credit of upto $1,000
3. Earned Income Credit of up to approximately $2,200.
4. Head of Household filing status if you paid for over half the cost of maintaining your home.

If you are under age 24 and living with a parent or other close relative, review your situation with a tax professional, because you may be a qualifying child yourself and the above would not apply.

Answer 5

As long as you are the provider for your daughter, he cannot claim her as his dependent. If he is the person providing for her (financially) then he has a legal claim to her as a dependent ...to the extent of his support. There is a 50/50 rule where you could split the dependency claim but, since he left you I don't feel you are thinking that as an option. He would need her SS# to claim her and if he does you can report the matter to the IRS. If your daughter is living with you, you can file as "head of household" it would give you teh better tax breaks.

Answer 6

Whomever your daughter lived with most this year should claim her.

If she lived with both of you from January - March and then only with you from April - December, you would have a higher right of claim. 12 months vs 3 months. (you said earlier in the year so I just guessed).

My advice is to file early and file electronically.

Answer 7

He can't claim her if he has no legal right to her. Plus you have to provide over 1/2 her support through the year.

You'll get "Earned Income Credit" and the "Child Credit" and the daycare one too if it applies to you. I suggest you go to H&R Block or another tax accountant to ask these questions.

Answer 8

Also, don't forget that you can claim head of household. It isn't a credit but will probably give you a better tax rate.

Answer 9

Here's the thing... in order for him to claim her, his name has to be on the birth certificate. HOWEVER...if she is living with YOU when you file...she is YOUR dependent. He cannot claim her from a distance along with you. You have to claim her jointly....you cannot BOTH claim her. It's just not possible. People do it, but it's illegal. You will be getting quite a nice refund with the low annual income, dependent and college student rating. Tell your EX to find another way to file his taxes...better yet...call an attorney to verify what I've told you. As a matter of fact, you could just call a tax preparer, and they can tell you what you need to know. I just know that you can only claim the child together, if you are living together under the same roof. She cannot be claimed on TWO separate filings. She is living with YOU, she is YOUR dependent...period.