 Can my wife's boyfriend claim her and my 4 children on his return? |
We are separated for 21 months. My wife lives with her boyfriend and my kids.
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bonitachka | If my boyfriend pays child support for his son, can he still claim him as a dependent for the taxes? |
my boyfriend has a son whom he pays child support for. his son currently resides with his mom (the kids mom). can my boyfriend still claim him as a dependant? |
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arch0049
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Yes. There is a form that the mother can sign. It states that she is not claiming the child as a dependent. And, that she consents to father of child claiming the baby.
I have a seven year old daughter. She lives with her mother and her mother's husband and her two little sisters.
Some people can be amicable after breaking up. Surely, her mom would save another 500 or 1000 dollars in taxes by claiming her. But, her mom has a heart. Since I pay 620 dollars a month in support, plus pay for health insurance, her mom lets me claim her.
IT CAN BE DONE. |
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I&JM
 |
Generally speaking no. A custody agreement is the only thing that may negate that.
Whomever is the primary care giver and where the child lives over half of the time (51%) of the time is who claims the child. Some custody and/or divorce agreements state something like "mother claims children for tax purposes on even years, and father claims children for tax purposes on odd years." Without this, whomever keeps the child 51% of the time gets to claim the deduction.
However, if the father can talk to the mother - and the mother isn't claiming the child (for whatever reason) then he can claim him. But if the mother has primary custody - the father would be ineligible to file the credit and if he did - he could face complications with the IRS. |
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v b
 |
He can *ask* the mom if she'll agree to sign form 8332 and allow him to claim the child's $3400 exemption and $1000 child tax credit. The mom would keep eligibility for HOH, EIC and child care. The mom doesn't have to agree--in which case he'd be out of luck. |
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financialpeas
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The mom is likely the one claiming the child, unless an agreement was otherwise reached in the divorce or court hearing. He can not claim him just because he contributes support. |
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★★★ Katharine ♥♥♥♥
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NOPE-- not unless you have it in writing - or the mother agrees to it - and you have her sign over the right tax form that says she will not claim the child that year - and he can. |
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Judy1
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Your boyfriend can claim him only if he has a valid court order saying that he can, or a signed statement from the mother turning the exemption over to him and saying she won't claim the child. Otherwise no, he can't claim his son. |
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medbillsassist
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No, only one parent can claim a child. |
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Ted
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Normally, if you pay more than half the expenses of your child, then you have a deduction.
Exception: In this case, it would be hard to know because it would require the kid's mom to be open about her finances and what she is spending. She might not be willing to do this. For this reason, the judge issuing the divorce/separation/support order frequently will specify who gets to use the exemption on the income tax. Tell him to check his paperwork or ask his attorney. |
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Sophia B
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Whether it's right or not is worth questioning, but he can claim it. |
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snjas1
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Maybe, maybe not. Somewhere in the divorce or child support paperwork there is a section on taxes. The courts already decided who gets to claim the child. Sometimes only one parent is always allowed to claim the child, sometimes they alternate years. You have to check the court/cs paperwork. If it says he can, he can. If it says he can't, he can't. If the paperwork says your b/f gets to claim the child in certain years, the child does not have to live with him in order to claim the child. He will not get any EIC credits, but he'll still get the child tax credits, etc.
So, double check the paper work. Just because he pays cs, does not automatically give him the right to claim the child. |
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sarahchappie
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My Boyfriend has JOINT custody of both of his childred equally and pays child support. It is court ordered an amount and is court ordered that the mother gets all the child tax for both children and child suport. Can he still claim the childred as dependants? Can you claim and or put on his taxes how much he pays in child support and is it true she has to claim the child support as Income? |
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