ninasgramma
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It is good you are thinking ahead for 2008.
Do you and the father have a court document that gives him the tax exemption for the child? If so, then you cannot claim the child as a dependent. However, if you have wages in 2008, you may be able to claim the child for the Earned Income Credit.
If you and the father have no written agreement (court document or Form 8332) that he claim the child, then you could claim the child as your dependent. |
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$andman
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whoever the child lived with more than 1/2 the year...but if he files first,you will have to fight it... |
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bostonianinmo
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Lacking any court order to the contrary -- and the wording must meet strict Federal standards if there is one -- the custodial parent has the right to claim the child. The custodial parent is the one that the child lives with the greater portion of the year. From the sound of things, that would be you.
The amount of any child support that he provides (and the amount of support that you provide as well!) is irrelevant. The ONLY support test is that the child not provide more than half of their OWN support. |
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DJ
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You both have the right to claim her.
Usually the one with the greatest tax benefit claims the child - this is usually the one with the highest income, but also look at how head of household and earned income credit might come in to play.
It is best to come to an agreement between the two of you - if he has high income at the 35% tax bracket he gets $1,190 refunded if he claims the child. If you are in the 10% tax bracket, you would only get $340 by claiming the child - that is a difference of $850!!!
If you do not agree who will claim the child, you do not have to get a lawyer to figure it out - the IRS has Tie Breaking rules to determine who gets to claim a child.
Parents always win over non-parents.
The parent the child lives with the longest wins over the other parent.
If the child lives 50/50 with both parents, the one with the highest AGI wins. |
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wooble1
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you do as your child is living with you. Get some legal advice though. To be forewarned is to be forearmed.
Good luck with it all. But remember a child has the right to know both parents unless there is significant risks or dangers to the child from one of the parties. |
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jstlookather
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If your child lives with you and there hasn't been any legal paperwork written up specifying that he can claim her, you can claim your child.
He has no right to claim her especially since you and him have never been married. And, I am sure his child support does not pay half the expenses!! |
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YOSUGABABY4LIFE
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YOU CAN |
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Judy1
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The person the child lives with for the greater part of the year has the right to claim her unless there is a valid court order saying that the other parent can. |
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♥Due with baby#1 06/08/09♥
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Usually goes every other year!! The father and then you and so on. |
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Randall Parker, MBA
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Well, this depends. Since you were never married, you probably don't have a Marital Separation Agreement which spells this out. If you had a court order for the child support, then it should speak to the issue.
In the absence of anything in writing, the two of you have to decide who will take the dependent. Generally, since she resides with you, the credit should be yours.
The easiest way to settle it is to determine who would get the bigger tax savings at the end of the year, and then just split the difference in the taxable or refund amount based on the exemption.
Usually, the person making more money stands to benefit the most, although if you file Head of Household and qualify for the Earned Income Credit, it may be more advantageous for you to take her.
If you can't agree on a solution, you will have to ask a court to decide. In that case, seek a Family Law Attorney. You can probably save a lot of money by agreeing to Mediation or Arbitration. Good luck! |
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Lilly
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If the child lived with you for more than six months, you are the only one with the legal right to claim her on your tax return. It doesn't matter that he paid you child support and it was not legal for him to claim her if she did not live with him for more than six months in prior years, although since you were not working it probably didn't matter. Now that you're working, her father might balk at the idea of you claiming her since he's been doing it all this time. My best advice to you is to file your 2008 taxes as early as you can next year. If he files first there will be a big battle ahead for you. Good luck! |
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Dave T
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You are entitled to claim the child as a dependent unless there is a court order stating that he can claim her.
The IRS rule that you are talking about here, it seems to me, is the dependent support test. The IRS requires that you have paid more than 50% of the childs support to claim her as a dependent. I would say if you earned more than the child support you received then you would meet this test.
In addition, since the child lived with you, you can file your return as Head of Household instead of Single. This sometimes makes a difference in the amount of tax by increasing the amount you can deduct on page 2 of the Form 1040, near the top on the left side of the page is a list of filing statuses and the amount deductable for each. |
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Dictionary
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you should have the right to claim her |
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Blondie
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If she lives with you for more than 6 months out of the year then you can claim her. Unless you have court papers saying otherwise. |
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hillsareheaven
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If there is no formal agreement and you are now working. You would have the right to claim her if you pay for more than half her support. Which you would be considered doing if you have physical custody of your daughter. You really should have something in writing. Even though you have not been married you can still put an agreement in writing. Many couples have the agreement of even years and odd years. One of you claims her in the even numbered years and the other one claims her in the odd numbered years. Good luck. |
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Christine V
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If the child is living in your household, and she depends on you for financial stability, then you do have the right to claim her on your tax returns. |
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shanny21m
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She's all yours. As long as you have custody of her. |
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OPM
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In the United States, child support orders govern who has the right to claim tax exemptions. |
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