ok he was claiming his son on his tax returns which was 12 years can she just up and stop him from claiming his own son even though they are separated but it is his child cant she getinto serious trouble about that ?
2007-12-06 09:50:08 · 5 answers · asked by ylvard 1 in Business & Finance ➔ Taxes ➔ United States
You leave off some information needed to give you a good answer.
If the child lives with the mother, she can claim him on her return unless there's a court order saying that his dad can claim him. She can sign a form allowing his dad can claim him, but other than that, unless there's a court order, the dad can't claim him if he's not the parent with physical custody.
But the other part of your question asks if the mom can let someone else claim him. Depends on who the "someone else" is, and who the child lives with. If this someone is a new spouse, then yes, as a step-parent the person could claim him. If it's a close relative like her parents or one of her siblings, and the boy (with or without his mom) lived with that person for over half the year, then yes that person can claim him. But if it's anyone else - a boyfriend, a neighbor, a friend - and either the boy didn't live with them for over six months, or he did but the mom did also - then no, this other person can't claim the boy.
2007-12-06 10:05:00 · answer #1 · answered by Judy 7 · 5⤊ 0⤋
There are a lot of issues here.
Some of the tax law changed in 2005 with respect to claiming a child or other dependent. Some of the tax law for divorced or separated parents changed back in 1985. Despite these changes, people on this board keep giving PRE-1985 advice.
It's 2007 folks. Unless the "child" is disabled and was claimed from before 1984, the only rules that apply are the current ones!
The poster does not state who is the custodial parent. It sounds like the mother is. It also sounds like the dad does not live with the child.
Under the 2005 law change, the household where child lives is looked at. If the age, relationship and residency tests are met, the child is a qualifying child for one or more people living in the household and any one of them could claim the child on their tax return. This can be the custodial parent, a grandparent, a step parent, but not mom's "friend."
It is possible for a non-custodial parent to claim the child, but they must first meet the rules for divorced and separated parents and then get PERMISSION from the custodial parent to claim the exemption and child tax credit. The permission is in the form of either legal papers (divorce or custody) that state the father is allowed to claim the child or a form 8332 (signed for 1 or more years) that states the same thing. A copy of the paperwork has to be attached to the tax return EVERY year to support the deduction.
Without the paperwork, the noncustodial parent cannot claim the child. The noncustodial parent can be made to pay back any erroneous refund received.
If another person claims the child and is not otherwise eligible (say mom's live in boyfriend), that person will also be made to pay back any erroneous refund received.
2007-12-06 10:20:39 · answer #2 · answered by Anonymous · 3⤊ 0⤋
Not unless the father has given up his legal rights. I believe someone else can't claim the child unless the father no longer pays child support and the new person is head of household. Not 100% sure on this though.
2007-12-06 09:59:53 · answer #3 · answered by Marissa1982 3 · 0⤊ 4⤋
Sounds to me like trouble. Usually when there is this kind of arrangement, it is established thru the courts. So unless the courts cancel it, then whe is breaking the order.
2007-12-06 09:54:05 · answer #4 · answered by T 5 · 1⤊ 1⤋
The relevant question would be who provides the child's support and what are the parents' tax filing status?
2007-12-06 10:24:57 · answer #5 · answered by Anonymous · 0⤊ 4⤋