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Lamar's Mom | Question about claiming a child on taxes? |
is it possible to stop someone from claiming a child on their taxes? (my son's father doesn't do anything for him and im worried he might try to claim him on his taxes) |
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Debbie
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The person who can claim the child is whoever the child lives with. If your son lives with you only you can claim him, if there is a problem you need to contact the IRS to let them know what is going on and they will put a red flag on his (father's) taxes because if he does his taxes wrong he will be in trouble. |
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Count Your Blessings
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You can't really forbid the father from claiming the boy, but if he does so it does not automatically mean he'll get the exemption or deprive you of taking the tax benefits for this child.
The IRS has several tests one must pass to claim a child; relationship, age, residence, support (i.e., that the child has not provided more than half his own support--the test is NOT that you or the father provided more than half).
If you and the father both claim the same child on your individual tax returns, then the IRS has "tie-breaker" rules to settle the dispute. In your situation, were this to happen, the parent whom the child lived with the longest during the 2008 tax year will win. This will slow down the tax refund (if any is due) processing but will not cause you to lose anything you're entitled to.
Good luck! |
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Ted
 |
What he does on his taxes is not your concern. If you provided for his more than half his support, then you can claim him, If the husband also claims him, then the IRS will have him claimed by two people and ex will have to prove how much support he provided or pay penalties. But that's between him and the IRS.
Exception: the dependent exemption has been assigned to one of the parents by a judge in a divorce decree. |
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Bob D
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its only where the kid resides in the house,yours or his. |
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stephenweinstein
 |
There are two ways to prevent a person from claiming another person successfully:
1) File a paper (not electronic) return yourself and claim the person (your son, in this case) whom you do not want claimed by a third person (his father). If the other person (his father) does file a return claiming him (the son), the IRS will noticed that he (the son) was claimed by two persons (you and the father), investigate further, and disallow the claim of the ineligible person (hopefully, the father).
2) Marry the person who you do not want claimed and then file a joint return with that person. This option is not available to you, because it is illegal to marry your own son. |
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v b
 |
There is nothing you can do ahead of time.
You need to plan/expect that there will be years that you will have to MAIL your tax return in. You cannot efile if any SSN on your return has been used already and y'know, the non-custodial parent has more time and energy to run down and file first.
If you normally pay to have your taxes done, ASK how much it will cost to prepare them and take the money with you. Then if the forms can't be efiled, you pay, print, sign and mail the return. That way the return is correct, it only adds 3 weeks to the process and get you your money. The IRS will sort out the duplicate SSN issue--and the sooner there are two returns in the system, the sooner this can happen.
Far too many people go to a preparer, the return is rejected, they can't pay, so the preparer removes the child, shoves the return in and then has you mail in a 1040X. This adds 4-5 months to the process and is a total waste of your time and money. |
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Megan is Graduating 6/4/09 =)
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Only one person is allowed to claim your son. Once you already do so, if your son's father attempts to, you can get him for fraud. Good luck! |
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traci1646
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The irs is only going to accept the social security number coming through once, so do your taxes first.
If he happens to use it then you need to go after him for fraud.
The custodial parent is the one that gets to claim the kid on the taxes, regardless of the other parent ssupport. |
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Danielle F
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I don't think you can physically stop him but if he files fraudulently you can report him. |
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