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tip6226 | Can i claim my new baby on my taxes? |
Hi. I hope you can help me with a situation i have about when i file for taxes. i am 17 years old and i plan to file my taxes in 2009. I have been working for a year and 4 months now and me nd my girlfriend recently had a baby. my girlfriend is 16 years old and lives with her dad. her father has the baby on his medicaid but i plan to get insurance for the baby thru my job. my girlfriends dad is applying for food stamps and is telling them that the baby has been living with him. the baby has been staying at my house for 1 week and at their house for a week. the baby is now almost 3 weeks old. we also get WIC thru my girlfriends dads income. i plan to claim my baby on my taxes. if her dad gets food stamps saying that the baby lives with him will this disqualify me from claiming the baby on my taxes? because the baby really has been staying here a week and there a week. he is saying that it doesn't matter and that they go by where the mother is living not the fathern is this true?my girlfriend is not working but i am. please help me |
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lady_megaera
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Your g/f's father is stating that he is providing the support for the baby and your g/f which makes him eligible for the medicaid, food stamps and wic. IF you are providing more than 50% of the financial support for the baby, you cannot be claimed as a dependent on anyone else's taxes, you are on the baby's birth certificate, you have primary physical custody of the baby, the baby lives with you for the majority of 2008.....etc. There are a lot of other things that can disqualify you from claiming the baby as a dependent.
If the baby is 3 weeks old, you would be attempting to claim the baby on your 2008 taxes that you file in 2009.
Turbotax is an excellent online tax service that provides free returns for people who meet certain income criteria. In the process of filing your return, they will walk you through each question and even determine what form you should use.
http://turbotax.intuit.com/ |
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mre5565
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Only one person can claim a dependent on a tax return. As others have said this won't be till you file in 2009 for the 2008 tax year. |
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viajero_intergalactico
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go to irs.com and look up dependents for the complete story. |
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honey
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Her dad will claim the baby as a dependent unless you can show that you provide more than half of the support for that baby's living expenses, which I doubt. |
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Judy1
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The end of 2008 is a long way away and the baby isn't even 3 weeks old yet, so it's a little early to say what will happen by the end of the year. Who can claim the baby will depend on where he or she has spend more of the time for the whole year since birth. Keep a log of where the baby is when - you can just write it on a calendar - so if you have to prove it at the end, you'll be able to. If the days are exactly even, then the claim will go to the parent making the most income for the year.
Good luck - you have taken on a major resposibility for a 17 year old and a 16 year old. |
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bostonianinmo
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Nobody can claim the baby this year. At only 3 weeks of age he or she was not born in 2007 and therefore nobody gets to claim him or her.
Next year, the parent (or grandparent) that the child has spent the most amount of time with in 2008 will be able to claim the child. It's too early to say who that might be right now. However if your g/f lives with her dad this year he will be able to claim her. If he claimes her, SHE cannot claim the baby. He can claim both of them. |
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BecauseIJustDid
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Well, no. For one you are not married to the young girl and her father is obviously the one taking care of her needs (rent, food, utilities) while you have had a child with her, you would need to be able to claim her as well and you can't.
The grandfather is within his legal rights to go to the state and request food stamps. He now is responsible for your actions, you should not walk in and try to receive the eic on the child you can barely be responsible for. You do have to get insurance for your child through your job, it's up to child support services whether or not it's unneeded for her to be on medicaid. You have no court order mandating you any rights on the child, even if it has been staying with you for a week here and there. You have to have that in place to claim a child that does not legally 100% (even 50%) live with you.
You get wic? That's supposed to be for baby and mommy. Not you!
The fact that the mother lives with him and she is still a minor (because childbearing doesn't equal emancipation) means you can't claim the baby. The baby lives with the mother, who lives with the grandfather thus he is the supporter of mother and child. You are supplimentle. Even if you are working, not doubting it, you couldn't at this age, make enough to be able to put a roof over this baby's head, let alone the baby's mother and all the bills that come with it. |
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DJ
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You should look at the best situation for the whole family - and what give all of you the highest refunds - which may mean that if her father makes more money than you do, and provides more than half the support for his grand child, he can claim the child.
But if you make more, or if you really don't want him to claim the child, then you have the right to claim your child. If there is a dispute, then the IRS has a set of "tie-breaker" rules that they use.
First - a parent's claim trumps a non-parent's claim. If you and the grandfather disagree, then the IRS will award the deduction to you...
If both you and your girlfriend want to claim the baby, and you can't agree, then the IRS will award the deduction to the parent the child spends the most time with. If the child spends equal time with both parents, the parent with the highest income gets the deduction. |
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kab2103
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Dependents are determined by several criteria, one being providing 1/2 of the dependents support. Based on your email you would not be able to claim the baby on your return unless you provide 1/2 of childs support. It doesn't sound like that is the case at this point. You have not provided enough detail to allow me to make an accurate determination on the child's dependent status. I would recommend contacting tax counsel to help you with your situation. |
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Lisa
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If the baby is 3 weeks old than no one can claim the baby on the 2007 return.
For the 2008 return only one parent can claim the baby. That parent has to have provided financial support and a home for the child for a minimum of 6 months. If the baby is living one week with each of you on a rotating basis than there needs to be an agreement between you (verbal is enough) to decide who claims the baby. With her being under 18 her father can claim her and the baby if that is what you decide. Other wise you claim the baby, the mother can only be claimed by you if she is living with you for a minimum of 6 months.
I hope I helped. |
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sunnyside_up2day
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As long as it was born in 2007. Even the last day of! |
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