My husband can claim his daughter on even numbered years as outlined in the custody paperwork. During the custody dispute, he was not paying childsupport and once child support was set an additional $20 a month was tacked on in order to go towards the rearages (about $1500 in rearages) so instead of paying $519 a month, he pays $539. His income tax returns also go directly towards the rearages. It was last at around $1100 but with his income tax refund this year, it went down to around $700. In 08 if he claims his daughter and is scheduled for a refund, it again will go towards the rearages first. However, I'm curious if I can claim my stepdaughter instead of him that way we actually receive the money? If not that's fine too ... at least we'll have all the rearages paid off with the next refund. JUST CURIOUS!
2007-12-11 10:28:20 · 3 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
No, you could not qualify to claim your stepdaughter on your separate return. You were not assigned her exemption by the custodial parent, and you do not otherwise qualify to take the exemption.
The custodial parent can waive the exemption only to the noncustodial parent.
You would qualify to take the exemption for your stepdaughter if you filed a joint return with your spouse, the child's father, in a year when he was allowed the exemption as the noncustodial parent. You would also qualify to take the exemption for your stepdaughter, even on your separate return, if she lived with you for more than half the year.
2007-12-11 11:03:23 · answer #1 · answered by ninasgramma 7 · 0⤊ 0⤋
If you file MFJ and you work and have taxes withheld, you may qualify as an injured spouse. That means your portion of the refund will be not be subject to offset, and you would receive a partial refund.
Like many other tax items, there is a formula to determine if you are an injured spouse and if so, what part of the family's refund belongs to you. File Form 8379 with your 1040 to claim injured spouse status.
A drawback to claiming injured spouse status is that it can delay the processing of your return. Also, as you correctly pointed out, it would mean some arrearages would still exist.
2007-12-11 20:03:32 · answer #2 · answered by taxreff 7 · 0⤊ 0⤋
No, you could if she was living with you for over half the year, but not if she doesn't.
At least after this year you'll be paid up.
2007-12-11 22:53:02 · answer #3 · answered by Judy 7 · 0⤊ 0⤋