Can my ex boygriend claim my daughter on his income taxes?

He told me that every other year he is able to. I am going to school right now, and don't have income, so he did supply some income for me through child support but I did work for a bit at the beginning of the year before I enrolled in school.

He can only claim the child if he has custody of her. (Lives with him on a full time basis) Otherwise what he is doing is illegal.

Is he the biological father of the child? I assume that the child lives with you. If he is the child's father, and you give him written permission to claim her, then he can - you can use form 8332. If you don't give him written permission, he has no right to claim her ever, even every other year, even if he was paying reasonable support. If you had some income for the year, claim her and you should get EIC.

The other answers you have so far are wrong, as unfortunately usually seems to happen on this forum when someone asks about claiming dependents.

NestleGirl,

Just because he is paying child support does not entitle him to claim your daughter. You are what is referred to as the "custodial parent". In order for your ex to claim her, you need to complete IRS form 8332, which allows him the ability to claim her.

If you earned some money in 2008, then you should claim your daughter and you also would probably get back any federal withholdings you paid in.

Judy's advice is correct (as usual). I'd just add that you should file early to beat him to the punch. If he files first and claims her, you will need to file a paper return and wait quite awhile for it to be adjudicated.

I would need to know how much income you had, how old you are, and who you live with. Are you under age 24? Do you live with a parent? Or, did you live with a nonrelated person and have income under $3,500? If so, you may not be able to claim your child because you are claimed as a dependent on another person's tax return.

As correctly mentioned in other answers, you can choose to waive the dependency exemption to the father by signing form 8332. If you do. no one else (such as you or your parents) could claim the dependency exemption for the child. However, if you are not a dependent yourself, you can still receive the Earned Income Credit for your child even though you do not claim the child as a dependent.

So, sit down with a preparer near you and go over all the details as to your income, who you live with, who supports you, and so on.

Bottom line, if the child is not his(unless he has legally adopted her) he cannot take her on his tax return. No matter what he has paid or how long she had lived with him. You can only claim someone related to you. Go to www.irs.gov and put dependents in the search box. This will explain details on who can be claimed as a dependent.

no he cant, not this year

A taxpayer ( like you or your ex-boyfriend/father) is entitled to deduct an exemption for a dependent if the taxpayer provided over one-half (50%) of the support for the dependent.

In the case of a minor dependent whose parents have never married and together provide over one-half of the support for the minor dependent, the parent having custody for a greater portion of the calendar year (the custodial parent) generally shall be treated as providing over one-half the support for the minor dependent. (That's you.)

If the non-custodial parent (your ex-boyfriend/father) is not entitled to the dependency exemption deduction under Section 152 (e) (1) of the Internal Revenue Code, then he may yet be entitled to the exemption under Section 152 (e), which contains three exceptions to the normal rule. The only one that is almost ever relevant is the exception contained in Section 152 (e) which provides that a child shall be treated as having received over one-half of his/her support from the non-custodial parent (your ex-boyfriend/father) if the custodial parent signs the proper IRS form stating that he/she will not claim the child for dependency purposes for the tax year in question and the non-custodial parent attaches that written declaration to his/her income tax return for the tax year in question.

In other words, you have to release your claim to him in writing unless he is entitled to the dependency exemption under Section 151 (e) (1).

Please note that who is entitled to the dependency exemption may also determine the question of who is entitled to a child tax credit. The child tax credit available under Section 24 (a) pursuant to the Working Family Tax Relief Acto of 2004 has been worth $1000.00 since 2006.

Section 24 (a) provides that a taxpayer may claim a credit for "each qualifying child," if the taxpayer is allowed a deduction under Section 151 for the child for the taxable year.

P.S. If you don't have sufficient income to make us of the dependency exemption and/or tax credit for 2008, then you should negotiate a reasonable compromise with your ex-boyfirend so that it isn't lost to both of you. I would suggest that one-half of the state/federal refund that he receives be spent on/saved for his daughter.

Good luck.

He can claim her as a dependent if he pays more than half of her expenses for more than half of the year,

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