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momma2oneboy | If my child lives with me but visits his father on the weekends can he claim him on his tax's? |
i have worked off and on since the father of my son and i split up, going on 3 years.. the jobs i had, i didnt work much at all about acouple months most, due to some difficulites with son in daycares. (another story in itself) anyways, my ex has been claiming him on his taxs, but says he is not saying he lives there but pays for half his exspenses though due to him paying chidsupport not through the court.. i have not climed joey on mine, b/c he told me i woulnt get much back due to i havnt worked that much.. i was told by a friend that what he is doing is tax fraud, b/c even though i am not working i can still get some money back since he is living with me all the time, plus that 600 dollor credit that everyone uis supposed to get.. can someone shed some light on this and let me know what i can do ty very much
Additional Details
someone asked if he was paying half of the childsupport.. wehave a hearing on the 2nd of apirl for childsupport through child support enforcment agency, but in the past he was paying 350 a month, which is about 85 dollors or somethig a week.. |
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AM-NM centaur
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Yes, he CAN. Your father CAN do anything he likes and is subject to audit. His claim may also trigger an audit of your return because two people are supplying the same SSN for a child exemption. That is likely to get your father into deep trouble. Perhaps a nice conversation is in order. |
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acmeraven
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You can release the dependency on your child and retain the head of household filing status which entitles you to the EIC. Your ex can take the dependency and get the 1,000 in CTC for the child; you would not be getting the CTC due to low income anyway. Your ex will have to get a form 8332 from you releasing the dependency to him for one year only since you are the custodial parent and the child lives with you more than six months and a day out of the year. |
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Judy1
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It doesn't have anything to do with which parent pays how much of the child's support - unless the child is paying at least half of his OWN support, the parent he lives with the greater part of the year has the right to claim him - that would be you. The other parent can only claim him if there's a valid court order saying that he can, or if you give him written permission - in either of those cases, you couldn't claim him.
But if you didn't work at all, you won't get any advantage from claiming him - if you had a job for part of the year, you could almost certainly get an Earned Income Credit.
And unless you had at least $3000 of earned income for 2007, then you aren't eligible for even the minumum amount of the rebate, which is $300. Not everyone gets $600 - you only get that much if you paid at least $600 in net federal income tax for 2007, and it doesn't sound like you did. |
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The Lemur
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Call the IRS and say... hey my ex is claiming my kid. My ex's SSN is blah blah... yah is that right? Can he do that? ;) Those people will get you an answer in a hurry. If he's paying more than half the child's expense though, I think he can. |
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coleblondehead
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Since you have legal custody of the child
even if he goes on weekends that doesnt
count, file your own tax return, you might
get a little less, but dont forget about the
tax rebate coming up youll probably get
th 300 or even 600 . I dont know how old
your child is but if hes older than 17 its
a probability that they will not give anything
for him but at least youll get your money.
If he is younger than youll get 300 for child. |
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Celeste
 |
Well, it may not be tax fraud but he sure is lying to you.
You can get back quite a bit depending on your income.
When you file a return you can get back any federal withholdings, plus you may qualify for EIC and the Additional Child Tax Credit. These two credits can boost your refund anywhere from a few hundred to a couple of thousand.
If you haven't worked the entire year, you won't qualify for any refund/credits as you don't have any taxable income.
If you did work, you can use H & R Block's tax calculator to figure what you refund might be.
In order to qualify for the rebate, you need to have at least $3,000 in earned income. The IRS has a calculator to figure your rebate amount. |
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arklatexrat
|
The custodial parent is the one who is supposed to get to claim the child, unless you have made another agreement with your ex. He can't legally do it unless you agree to allow him to. Since you have let him do it in the past, it may be harder to change now.
You would be able to claim a child care credit as well if you do use day care or paid caregivers. If he is living with you all the time, that is considered support. You probably can easily make the case that you are providing more than 1/2 the support. If I were you, I would consult an attorney (if I could afford it), or at least go to a tax preparer and try and get them to send something to your husband on their letterhead stating that you plan to claim your son as an exemption for this year and dispute his claim if he files for it too. That might be enough to get him to back down, but then again if it will make him stop paying what child support he is paying, it may not be a battle worth fighting. |
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rtfm
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The child can be claimed by either parent, as long as both parents agree.This is *not* tax fraud. Divorced couples do this all the time. Sometimes they alternate years, sometimes Dad claims one child and Mom claims another, etc. It's very common.
The only thing the IRS cares about is that each child is only claimed once. If Dad and Mom each tried to claim the same child in the same year, *that* would be illegal.
The parent who claims the child is the one who will get the extra $600 payment in the spring. |
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