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mustang09 | Can i claim a child if I am their guardian? |
I have had two children (no relation to me) in my care since june of 2005, but only became thier guardian in august of 2006. I claimed them in 2005 but the father says it is because he let me. I claimed them on my 2006 tax return as dependants ( I am there guardian), but their father is now saying he is going to get me in trouble cause he needs money and wants to claim them. I thought legally i could do this, but now am unsure. Can someone help? thanks |
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Judy1
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Most of the answers above are incorrect.
There are two types of depenents, qualifying children and qualifying relatives.
To be a qualifying child, the rules are:
1) the child must be your son, daughter, stepchild, eligible foster child, brother, sister, half-brother or -sister, step-brother or -sister, of a descendant of any one of them - eligible foster child is defined as an individual placed with you by an authorized placement agency or by judgement, decree, or other order of any court or competent jurisdiction.
2) child is under 19, or under age 24 and a full-time student, or permanently and totally disabled.
3) child must have lived with you for over half of the year
4) child must not have provided over half of his own support
5) if more than one person meets the rules to be a qualifying child, you must be the person entitled to claim the child.
To be a qualifying relative
1) the person cannot be your qualifying child or the qualifying child of anyone else
2) the person must either be related to you in one of the ways the IRS allows, or live with you all year
3) the person's gross income for the year must be less than $3300
4) you must provide over half of the person's total support for the year.
They are not the father's qualifying children because he does not meet the residency test, unless he also lived with them for at least half of either year. If he did, then he would meet the rules to claim them as qualifying children for that year, and you could not claim them, with or without his permission.
For 2005, unless the children were placed with you by an authorized placement agency, then they were not your qualifying children, so you didn't have the legal right to claim them if they only moved in with you in June, since for 2005 you don't meet the residency test for them to be qualifying relatives. If they WERE placed with you by an authorized placement agency and didn't just move in with you, then you can legally claim them for 2005.
For 2006, since they lived with you all year, you can claim them as long as neither of their parents lived with them for over half of the year also. If a parent also lived with them for half a year, then a non-related person would not be able to claim them since they would be the parent's qualifying child.
It's a matter of who they lived with, not a matter of being their legal guardian.
A parent can't "give permission" to someone to claim their kids if that person doesn't meet the rules for claiming a dependent.
For 2006, the father could only claim them if they lived with him for over half of the year (qualifying children) or if he provided over half of their total support (qualifying relative). If that's the case, then he can claim them, and you can't. But for 2005, you didn't have the legal right to claim them if they didn't live with you all year, unless they were placed with you by an authorized agency. |
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ninasgramma
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The children are not related to you and did not live with you for all of 2005. You were not entitled to the dependency exemptions for them. The parents were not entitled to claim the children either since they did not live with the children for more than six months.
For 2006, since neither parent lived with the children, neither parent can claim the children as dependents.
As far as your right to claim the children in 2006, it depends on where the money comes from to support the children. If the children did not provide over half of their own support, then you satisfy all requirements to claim the children as qualifying children and get all tax benefits.
If the children did provide over half their own support (through Social Security benefits most likely), then although the children would not be your tax dependents, they still qualify you for the Earned Income Credit as nondependents. |
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Ash
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if you are they're legal guardian..
it is not illegal for you too claim them. the best thing for you to do is talk to the person who is doing you taxes.. they will know for sure.. and if you're going your own.. just call one and ask.. better safe then sorry. |
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Juanito
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if they have been living with your for a year or so then you can legally claim them, at least thats what i understood. but yea i hope you figure it all out!! |
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Dr. Robert Rice
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a child can only be claimed once. a child can be claimed by his legal guardian.
if you have full custody of the child, there is no question as to if you can claim this child. If the custody is split, generally whoever provides the most care for the child would claim them. In situations where it is not obvious who provides the most care, the judge would have specified how that will work. If there is ambiguity, you should talk to a tax accountant at least or a tax attorney. |
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Kyle L
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In most cases the only way to claim a child is if the child lives with you. If you're divorced paying alimony you will have a tax deduction. If you are paying "child support" you can not deduct a dime.
Yep, taxes are unfair. |
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Donny
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YES, since you are their LEGAL (and that is the KEY) guardian. THE FATHER IS NO LONGER their guardian, care taker, etc. (I assume he's NOT giving you any financial support for them so THEY ARE YOURs!!! |
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dlin333
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it depends on who the children live with,,,,,,,,, and especially with you being their guardian,,, then you have a right to claim them,,,,,,,,, as long as they were in your home for atleast half of the year,,,, i wouldnt worry about it , its really based on who is providing the home and care for them
ps: if you have concerns, look up the irs toll free number in the phone book, they can give you more information |
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bubbles
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He would have to provide more than 50% financially for him to claim them. Like rent, food, clothing and medical. If he does not then he will be the one to get in trouble. To claim a person as a dependent they do not have to be related to you or even a child but you must provide more than 50% finances for them. I don't know how he would get you in trouble but if he called the IRS they would probably go after him instead. |
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Mahal
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You can if you pass all the tests:
1) you have to have provided 50% or more support
2) the child can't have more than $3300 in income
3) they're either your relative or they lived with you in your home the full year
4) the child can't file a joint return with a spouse
5) they're a citizen or legal resident of the US
The guy has no case against you, from the sound of it. Even though he's the father, he fails the residency test.
(By the way, in 2005, you were not allowed to claim the exemption because YOU failed the residency test. He can't give you the exemption, technically, because you don't qualify. But if nobody ever challenges you on that year's return, it will expire in 2 years and can't even be audited.)
Some of the answers here are confusing the two sets of rules. You can qualify to claim an exemption under two sets of rules ("qualifying child" or "qualifying relative"--I've given you the tests for the second one). It's possible that you actually qualify under both, but for you, the second set is the easiets because your status as guardian will never be an issue.
Others are using "qualifying child" where 50% support comes in. That's why some answers differ.
Note to lil ma: you go girl! You're right! He should be taking care of the kids "his dam self"! He snoozed, he lost, and losing kids is a big deal. You don't get many blessings in life like these. |
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Dirtboy
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If you are their legal gaurdian, then you don't have anything to worry about. Especially if you can provide proof that it's been you that has been providing for them, HOWEVER, recently, G.W. Bush has passed a law stating that you can only have dependents that are related to you by way of blood or marriage, because some christian organization said that the govt. would be basically supporting and harboring pre-marital sex if you could claim other peoples kids without being married. But you shouldn't worry. Especially if he doesn't snitch. |
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lilly j
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He cannot claim them if they have not lived with them if you are their legal guardian, then you have the right to claim them. If the father tries to claim them, he will be committing tax fraud and will go to jail. Just keep proof of your guardian ship and proof that they did live with you for all of '06, and you should be fine. On the tax form it asks if the children lived with you for the tax year. |
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lil ma
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Let me tell u something I don't have any kids and sometime I think i should have kids because i see almost every gurl around here in saginaw that have kids and i think the kids are so cute to me that is the only why i really dont want kids is because i dont want to be like every other gurls in this world.but if i could have kids i would love them to deaf and i am not try to let you that i cant but i chose not to because i can have kids.And yes you is the guardian of them kids and if i was you dont do what people tell you to do because if he want them kids that bad he would of did it his dam self.and even he didsay you can claim his it is his fault because he said you could.if yo had a tape recorder you could of took him to court and tell them what he said and see if the judge would of took your said and problem told him he come at least a 100 yard of them kid and you and he cant be on your property and if he did you would of go to jail because the judge cort order it . |
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xenypoo
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Yes, it is possible, but you will still need a lawyer, and go through a court process for custody. You will have a long hard battle, but if the child is in real danger from their parent, it will be worth it. Bless. |
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oohhbother
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The person who provides their financial support is the person who gets to claim them on taxes. If you are paying for their food, shelter, and clothing you have no problem. If he is paying child support - there may be an issue. |
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