2007-12-08 08:36:34 · 8 answers · asked by Alicia C 1 in Business & Finance ➔ Taxes ➔ United States
The person who pays the most for the child's support is the one who claims him on the income tax form.
2007-12-08 08:51:42 · answer #1 · answered by Tigger 7 · 0⤊ 3⤋
The IRS first looks to the terms of the decree of divorce for determining who claims a child. If the decree of divorce is silent, then if the parents can't agree, the IRS goes with whomever has custody of the child. (physical custody, not legal custody). They have a fairly complex set of tiebreaker rules, which can be found online at www.irs.gov. In your case, you need to file and make sure that he pays the child support. Go ahead and report him. If you file first, and the IRS then rejects his return because you have filed, his first step would be to send to the IRS a copy of the divorce decree. In this case, you are supposed to get the child on even numbered years, and 2006 is the tax year we're talking about, so you get the child no matter what. (in other words, the IRS would say no, she gets the child this year). NEXTyear, he would not only have to prove that he gets the child, but that he is current on child support. If he is behind, that's not going to be possible. It will also result in him having to paper-file, as there isn't any way to electronically file such a claim. I hope this helps. I suggest you contact the local office of any of the national tax preparation companies for more information on the tax issues. For the child support issues, contact an attorney licensed in your state.
2016-05-22 05:11:52 · answer #2 · answered by ? 3 · 0⤊ 0⤋
That's unknown. Since this child apparently is a qualifying child for both of you, you would need to draft your taxes both ways. One set showing him claiming the child; one set showing you claiming the child and pick the set with the biggest refund. (By the way, the paperwork is the return, the money is a REFUND.)
If you can't decide, the tiebreaker rules would give the claim to your boyfriend if his AGI is higher.
By the way, the tax rules CHANGED in 2005. If you are living together and this child is a qualifying child for both of you, the only test is that the child did not support themself. An amazing number of people are still thinking under the old rules.
2007-12-08 08:46:50 · answer #3 · answered by Anonymous · 4⤊ 0⤋
If you make more than $8,750 then you have to file your own taxes and you claim the child. You will file as single with two exemptons.
2007-12-09 05:23:15 · answer #4 · answered by Gary 5 · 0⤊ 0⤋
It depends on how much income each of you has - it could go either way. You'd have to figure it both ways to see.
2007-12-08 14:12:53 · answer #5 · answered by Judy 7 · 0⤊ 0⤋
best-buy has info on internet tax forms you can purchase it, then each do your own taxes, on it before sending it off to i.r.s. that way it will help you both not to fight about it.
2007-12-08 08:45:21 · answer #6 · answered by Valentine 5 · 0⤊ 2⤋
In general the one with the highest income would benefit the most from any deductions.
2007-12-08 08:46:06 · answer #7 · answered by pjrcoffee 1 · 0⤊ 4⤋
There is no "our" return, you can't file jointly.
The person with custody would be the one to claim.
2007-12-08 08:45:48 · answer #8 · answered by oklatom 7 · 1⤊ 4⤋