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cltgray | Can someone claim a child that they have custody of but does not live with them? |
My son has lived with me for the past 4 years I take care of him with the help of my boyfriend. My mother has custody of him and is trying to claim him on her taxes but has only seen him like 5 times in the past 4 years. So I was going to get my boyfriend to claim him but she is threatening me saying she can get him trouble. I don't want to cause him any trouble. Can she do that? |
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Earthly G
|
If you can prove that she has not financially provided for him, and that you have, you can claim him. Then if/when it comes up, she will have to prove that she provided for him, so if you have anything showing your son lives at your address (mail, hospital stuff, etc) you are totally fine and she will be the one to get in trouble. |
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ponek99
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yes and if you provide more than half of his support you can file as head of house hold DONT CLAIM THE BF |
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Judy1
 |
No, she can't claim him as a qualifying child if he didn't live with her for over half the year. If she provided over half of his support, she might be able to claim him as a qualifying relative if you don't claim him yourself. But other than that, no.
Do you have income yourself? If so, you probably can't just let your boyfriend claim him either, unless he and you meet a number of strict rules. If he lives with you though, you can claim him. If you have no income, and you, your son and your boyfriend lived together ALL of 2007, and he provided over half of the total support for both of you, it's possible that he can claim you and your son, although he couldn't file as head of household and would file as single if he is. |
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travelguruette
 |
Once you determine who is legally able to claim him go ahead and file.
To be claimed as a qualifying child, the person must meet four criteria:
Relationship — the person must be your child, step child, adopted child, foster child, brother or sister, or a descendant of one of these (for example, a grandchild or nephew).
Residence — for more than half the year, the person must have the same residence as you do.
Age — the person must be under age 19 at the end of the year, or under age 24 and a be a full-time student for at least five months out of the year, or any age and totally and permanently disabled.
Support — the person did not provide more than half of his or her own support during the year.
Six Criteria for Qualifying Relatives
To be claimed as a qualifying relative, the person must meet five 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.
If your mother claims him and efiles first and your boyfriend claims him and efiles second his efile will be rejected. Go ahead and mail in the return. The IRS will settle it. |
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STEVEN F
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Legal custody and dependent status for tax purposes are NOT the same. In the case you describe, it is likely your mother is breaking the law by claiming your child. After consulting a Tax ATTORNEY, with the details of your situation, FILE FOR CUSTODY. If the child actually lives with you, you NEED to have legal custody. |
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tricianglen@sbcglobal.net
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you could your bf would be hard to prove unless he has receipts for everything. if your mother has been claiming him it will be a problem, if she claims him ask for 500- if you claim him give her 500. |
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Bobby B
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It is who ever the chld has lived with over 9 mons.If you have proof that the child has lived in your house,and you provided for him it will go in your favor.If both of you claim him it will send a red flag ,and both of you could get auddited.If would be better if she would let,but you are in the right.People are greedy,and sometimes it's our on family.Good Luck. |
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peilthetraveler
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Whoever the kid lived with the greater of 6 months during 2007 gets to claim him. Also know that if she files her taxes before you, the IRS will catch it right away when you try to claim him. I would do your taxes right away so that she is the one that gets blocked. IRS will probably call you both on the phone and ask whats going on. Explain that you & your BF were the ones taking care of him the last 4 years and be sure to have proof. |
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Jason K
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Yes, if you have custody. |
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