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Additional Details
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nabz35 | Is it legal for mother and father to each claim a child on taxes? |
I was wondering if anyone knows if it's legal for a b/f and g/f who between the two of them have two children ages 5 and 2 ,to each claim 1 child on their taxes to get the EIC. The mother of the two kids wants to claim her son and let the two year olds father claim her{he isn't the father of the 5 year old}. The parents both live together but I "think" they are saying they live apart. This can't be legal can it?
Additional Details
The mother is legally able to claim both children and the 2 yr olds father is legally able to claim her,and I'm pretty sure they know they can't claim both. Like I said I was just wondering,they asked me if I knew and all I know about it is I did have an In law in a pretty similar situation about 15 yrs ago who did this ,the only exception was both children belonged to both parents,but one child had fathers last name and other one had mothers last name. I don't know all the details but in the end they ended up getting into trouble and had to pay ALL the money back plus penalties. Maybe they tried to both claim both children..not sure,but like I said they got into trouble,which is why I thought maybe someone on here could help,becuz I wasn't to sure myself.. |
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sumbumblebee
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There are some confusing points here, but let me do my best.
The woman can claim her son (the 5 year-old?) as long as the biological father doesn't have the right to (if the boy lives with her, she's fine.)
Her boyfriend, the father of her other child (the 2 year-old?) can probably claim the daughter, as long as he legally is able to. If they live together, then he probably doesn't have a problem either. If they don't, then he may not be able to claim her if he doesn't have the child living with him at least half of the time or if he doesn't provide more than half of her support.
So, the short answer is "yes". It actually can be completely legal for two parents to each claim a different child, so long as the two aren't married (then they'd both claim them on their joint return). However, there are stipulations, as noted above, so if they are going to each claim one child, they need to be sure they each meet the requirements for the dependency exemption.
It appears several people here have not read your question carefully. As long as each parent is legally qualified to claim their respective children, there's nothing wrong or illegal about it.
Hope that helps. :0) |
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Christopher
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Since their not married they should be all set. Living together or apart these 2 children still belong to mom and dad. Each other them can only claim one child. They both can't claim 2 children so they need to be careful that they only claim 1 kid each. Mom claim the 5 yrs old and dad the 2 yrs old. |
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Judy1
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There is no reason to say they live apart. They can live together, and each claim one child for EIC, as long as the child each person claims is their biological child. |
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DEBORAH F
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In order to be claimed for EIC, the child must live with the taxpayer more than 1/2 the year. So, IF the parents live together and can agree, each can claim one child for earned income credit. That parent is then the only one who can claim the dependency exemption, or the dependent care credit for that child. If the parents live apart only the custodial parent can claim EIC. |
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fun1
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Looks OK to me.
Christopher is correct.
Dr. Jacobs needs to read your question more carefully; he thought you said one dependent is being claimed by more than 1 parent. You did not say that. Dr. Jacobs answer does not pertain to your question.
Pagodabo... makes the same mistake as Dr. Jacobs.
They make a true statement, but it's irrelevant to your question. |
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pagodaboy2001
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Nancy22 - stick to law or read some tax law
A person can only be claimed once. |
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Dr. Jacobs
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No, a dependent can only be claimed by one person (or on one return, if married filing jointly) |
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Joe Biden VP
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it's illegal and one or both of you will go to jail of caught. with the government's need of funds they will come after you |
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saffirebutterfli
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Yep its illegal |
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soon2becapy
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My daughter has lived with her father off and on about 6 months of 2010, He does not work but his wife does. They informed me that they were claiming my daughter even though it says in my divorce decree I claim all 3 children. We only have joint custody he does not have full custody of my daughter and we both filed on her for 2010. Will they get in trouble? |
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