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mhalderman | Can i claim my daughter still? |
the father of my child claimed my daughter on his W2 form when he got hired at his new job (even tho i asked him not to) if he does not claim her on his tax return EZform can i claim her? I have friends who have done this but i dont want to take the chance of listening to them and getting in trouble. |
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where is everybody?
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his work has nothing to do with taxes. you can claim her. have it done by tax professionals like h&r block. if he does it first, then it makes it so difficult. also, make sure a court order doesn't say he can do it. otherwise, do it. living full time has nothing to do with claiming her unless it's for the EIC, then that has restrictions on it. some people ( such as myself) have my ex claim the kids for deduction and i claim the EIC. i know it's legal and it's in my divorce papers. and my girlfriend who works for h&r block does my taxes. i also worked 2 years for them |
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Gemma B
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yes and good luck xx |
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OFFICER SEXY PEACH
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he didn't claim her on his w-2,it's called a w-4 and you do is put how many exemptions you're claiming on your w-4,they don't need names and birthdates or anything to claim a number on the w-4,like you do on your tax return.
if your child lived with you and not the father for the last 6 months or more in 2008 then he can't legally claim her,you can.no,both of you can't claim her either,that's not allowed. |
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Judy1
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If she lived with you more than half the year, yes you can claim her, no matter what he put on his W-4 and for that matter, even on his actual tax return unless there is a valid court order saying he can claim her. |
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hrblockrichardk
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If your daughter lives with you more than half the year, does not support herself, and is under 19 years old, then you are entitled to claim her on your tax return and not the father. Even if he does claim your daughter on his tax return, you are still entitled to claim her and his claim will be disallowed. He will only be allowed to claim her given the facts above if you agree to let him and provide him an IRS form 8332 signed by you.
Richard K
HR Block
This advice is based upon my understanding of the law in effect at the time it was written as it applies to the facts provided by you. See my profile for more information. |
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Andi, HR Specialist
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Only one person can claim the child. However pays the majority of her support should claim her. That is usually the custodial parent because of the cost of rent, food, clothing etc and child support usually is not even half of that.
Also, the W2 is only to tell the employer how much to take out for taxes monthly. And hopefully it is about what you will actually owe when you file your taxes.
If you are very low income, you may not need the deduction. You should have your tax info by now and you can look in the back at the tax amount you will owe and decide.
But when actually file your tax return only one of you can claim the child and they will most definitely audit you for this. |
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seth j
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I think you mean on his W4. What you claim on a W4 has no real bearing on the amount of taxes you owe only what is estimated and deducted from your pay. You should claim your daughter if you are the custodial parent, unless there is a court judgement otherwise. |
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cavaliersweetheart07
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If she lives with you fully then yes you can still claim her until she has moved out or is 21. Although he can't claim her as well. It has to be one or the other. |
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kensoccer04
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If you have primary custody, you can claim her. |
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Jss
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Only custodial parent can claim the child. It does not count who is paying child support. Also, non-custodial parent can claim the child only if the custodial parent signs a release. Who can claim the child if the parents are divorced, separated or unmarried, read: http://taxipay.blogspot.com/2008/03/child-of-separated-or-divorced-parents.html |
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