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tisha | Can my ex's mother still claim me&daughter on her taxes,even though i moved out? |
Okay i lived there for two and half years.But with in that two years i moved about 6 times.(cause of the abuse) And i wasn't working,she was paying for everything, She claimed me during 05,06,&07. I left in july 07 to another state.Was there for 4months, her fiance paid for my daughter and I to go back..With all of my belongings.I stayed with her from Nov 07to May of 08.Then moved again, So my question is "Can she still claim me and my 2year old, even though i'm not living there now? From the time frame of Nov 07 to May 08?" And if so, does she have to inform me of this action? At all? |
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ninasgramma
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First, I would need to know if the ex's mother is actually your mother-in-law or not. If you were married to her son, the situation is different than if you were never married to him. I am assuming your daughter is her granddaughter.
Case 1: You were married to her son. Then you are her daughter-in-law, and your child is her grandchild. These relatives to not have to live with the taxpayer (your MIL) in order for her to claim you. She can claim you if:
a. You had income subject to tax of less than $3,500, AND
b. She (not her fiance) provided over half of your support in 2008.
She can claim your child only if the above two conditions hold for your child. She cannot claim your child as her "qualifying child" for 2008, and would not qualify to receive the credits associated with a qualifying child.
Case 2: You were never married to her son. In this case, she cannot claim you in 2008 regardless of the amount of her support. She may be able to claim your child under the conditions described in Case 1.
Regardless of all of the rules stated above, if you have income for 2008, and you and the father of the child, or your current spouse, provided over half of your child's support, then you may claim your child. If this applies, file as early as possible. You may choose to inform her of this after you file so she hopefully will not try to claim the child and cause problems (which eventually will be resolved in your favor).
If your child's grandmother claims you or your child, she is not required to inform you. |
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Walter J
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Well, Tisha, it looks like your former mother in law cannot claim you as a dependent since you didn't live with her all year. However, since your daughter is her granddaughter, she might be able to claim her as a dependent if she in fact provided over half of your daughter's support. Of course if she does claim your daughter, you will have to know about it, so that two people don't try to claim the same dependent. |
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Helen, EA in PA
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Walter's answer is the ONLY true and correct answer. She should not have claimed you for 2007 as you did not live there the entire year.
As for your daughter, it is a support issue. If she provided over half her support, she can claim her.
Helen, EA in PA |
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Charlie & Angie G
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She can’t claim you because you didn’t live with her all year. She can’t claim your daughter if you file a return and you claim her. See the tie breaker rules on page11 of pub 501 (for 2007). She can't claim either of you in 2008.
She doesn't have to tell you if she tries to claim you or your daughter. If you don’t like it then either you or your husband or boyfriend need to file a return claiming you and your daughter if eligible.
When more than one person claims a dependent both get letters from the IRS, if the situation isn’t corrected then both returns go to exam and IRS will sort it out. |
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Judy1
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Since you aren't related to her, she could legally claim you only if you lived with her ALL year that year, and she provided over half of your support - remember that the value of the living expenses and the roof over your head while you lived with her is part of your support. So she couldn't legally claim you for 2007 or 2008 no matter how much of your support she provided.
For her to claim your daughter (assuming the daughter is her grandchild) the rules are different. She'd have to live with grandma over half the year to be claimed as a qualifying child, and grandma would have to provide over half of her support for the year if the child did NOT live with her for at least half the year, to claim her as a qualifying relative which is the other way to claim someone. So if grandma provided over half of your child's support for 2008, and neither you nor the child's father can claim her for the year, then grandma can claim her. |
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travelguruette
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In general, to be a taxpayer’s qualifying child, a person must satisfy four tests:
Relationship — the taxpayer’s child or stepchild (whether by blood or adoption), foster child, sibling or stepsibling, or a descendant of one of these.
Residence — has the same principal residence as the taxpayer for more than half the tax year. Exceptions apply, in certain cases, for children of divorced or separated parents, kidnapped children, temporary absences, and for children who were born or died during the year.
Age — must be under the age of 19 at the end of the tax year, or under the age of 24 if a full-time student for at least five months of the year, or be permanently and totally disabled at any time during the year.
Support — did not provide more than one-half of his/her own support for the year
Six Criteria for Qualifying Relatives
To be claimed as a qualifying relative, the person must meet all of the following criteria:
Not a qualifying child - The dependent cannot be a qualifying child of another taxpayer.
Gross Income – The dependent earns less than the personal exemption amount during the year. For 2007, this means the dependent earns less than $3,400.
Total Support – You provide more than half of the dependent's total support during the year.
Relationship – You are related to the dependent in certain ways.
Joint Return – If the dependent is married, the dependent cannot file a joint return with his or her spouse.
Citizenship – The dependent must be a citizen or resident alien of the United States, Canada, or Mexico
Relatives who do not have to live with you. A person related to you in any of the following ways does not have to live with you all year as a member of your household to meet this test.
Your child, stepchild, foster child, or a descendant of any of them (for example, your grandchild). (A legally adopted child is considered your child.)
Your brother, sister, half brother, half sister, stepbrother, or stepsister.
Your father, mother, grandparent, or other direct ancestor, but not foster parent.
Your stepfather or stepmother.
A son or daughter of your brother or sister.
A brother or sister of your father or mother.
Your son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law.
Any of these relationships that were established by marriage are not ended by death or divorce.
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v b
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If you don't share records with the grandmother, she will be unable to calculate the total support for that child and if she doesn't have a total, she certainly can't prove that she paid more than half. Thus if examined by the IRS, she loses.
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VidaLoca Libertarian
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She can claim you! Until you are on your own, with all of your belongings, she is still paying for your suport. Why does that bother you??? It sounds like she has gone a long way to supporting you when you seem to have been in a desperate situation. I'm sure the tax return does not even come close to the actual cost she has shelled out for you. You should be EXTREMELY grateful that you and your kid are not sleeping in a family shelter somewhere. What's going on with the youth of America??? |
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alicialions
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If she was allowed to claim the two of you for the previous time then she is allowed to claim for the time in 07 and 08 that you were there and caused her expense. Why would she have to inform you...you already knew you were there at that time and caused her expense? |
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JustChillin
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No she can't unless she is paying for school (yours) |
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