Claiming Dependant -ex Answers
Can my ex legally claim the kids on his taxes if they haven't lived with him all year?
Q. My ex (who has full custody of the children) moved out in February. He thinks he can just claim them on his taxes, since I'm on SSI. But I looked on the IRS website and they said to claim a dependant, they have to live with you for over half the year. I can't file due to being on SSI and having no income, but don't want him to claim the kids because #1 he doesn't deserve the money, and #2 he hasn't covered half the cost of their living expenses for the year. What is your advice on the issue??? ***We were never married, I'm on SSI so have no "taxable income." He pays a small amount of child support.***
Asked by sarahendrickson1979 - Thu Dec 7 10:52:33 2006 - United States - 14 Answers - Comments
A. grow up and get over it it should have been in the divorce decree who gets to claim them and what year if not your poop out of luck
Answered by mustang64093gt - Thu Dec 7 11:01:36 2006
Q. My ex (who has full custody of the children) moved out in February. He thinks he can just claim them on his taxes, since I'm on SSI. But I looked on the IRS website and they said to claim a dependant, they have to live with you for over half the year. I can't file due to being on SSI and having no income, but don't want him to claim the kids because #1 he doesn't deserve the money, and #2 he hasn't covered half the cost of their living expenses for the year. What is your advice on the issue??? ***We were never married, I'm on SSI so have no "taxable income." He pays a small amount of child support.***
Asked by sarahendrickson1979 - Thu Dec 7 10:52:33 2006 - United States - 14 Answers - Comments
A. grow up and get over it it should have been in the divorce decree who gets to claim them and what year if not your poop out of luck
Answered by mustang64093gt - Thu Dec 7 11:01:36 2006
I have been divorced for 7 yaers, I pay child support every week as ordered by the court.?
Q. My ex-wife has only allowed me to claim my daughter as a dependant one time. Is there any other way to reclaim the taxes I payed on child support money for the other years?
Asked by - Thu Mar 26 11:10:25 2009 - Marriage & Divorce - 11 Answers - Comments
A. Nope. That should have been settled in the divorce.
Answered by - Thu Mar 26 11:14:24 2009
Q. My ex-wife has only allowed me to claim my daughter as a dependant one time. Is there any other way to reclaim the taxes I payed on child support money for the other years?
Asked by - Thu Mar 26 11:10:25 2009 - Marriage & Divorce - 11 Answers - Comments
A. Nope. That should have been settled in the divorce.
Answered by - Thu Mar 26 11:14:24 2009
Who is entitled to claim our son as a dependant for taxes this year?
Q. it is my ex husbands year to claim out son as a dependent. however he was in prison for the first 9 months out of the year and hasn't had a job since he has been out. he also owes $3000.00 dollars in back support. he agreed to let me claim him. now that i did he wants me to pay him money or he said he will call the irs. don't know what i should do. any suggestions?
Asked by - Wed Feb 24 15:59:46 2010 - United States - 5 Answers - Comments
A. Custody agreements don't actually matter when it comes to tax law. They're helpful though. It's fairly straight forward, you supported him you get to claim him. Your ex has no legitimit claim on your son. Also, if he hasn't had a job all year then he has no earned income. There is absolutely no benefit for him to claim your son.
Answered by Joe - Wed Feb 24 17:36:06 2010
Q. it is my ex husbands year to claim out son as a dependent. however he was in prison for the first 9 months out of the year and hasn't had a job since he has been out. he also owes $3000.00 dollars in back support. he agreed to let me claim him. now that i did he wants me to pay him money or he said he will call the irs. don't know what i should do. any suggestions?
Asked by - Wed Feb 24 15:59:46 2010 - United States - 5 Answers - Comments
A. Custody agreements don't actually matter when it comes to tax law. They're helpful though. It's fairly straight forward, you supported him you get to claim him. Your ex has no legitimit claim on your son. Also, if he hasn't had a job all year then he has no earned income. There is absolutely no benefit for him to claim your son.
Answered by Joe - Wed Feb 24 17:36:06 2010
Will I get a tax rebate? My ex and I have to alternate years to claim my son. This tax season is his year.?
Q. I don't get to claim him as a dependant but I do claim the daycare tax credit. Any thoughts? I know its not passed yet but how was it figured during the last rebates?
Asked by Jennifer ? - Sat Jan 26 15:25:59 2008 - United States - 1 Answers - Comments
A. This is all speculation. I have no idea exactly what the IRS will do...but judging from last time. When the IRS issues the "prebate" the $300 will go to your ex. When you file your 2008 tax return, you may get the $300 at that time since you actually were the one claiming the child in 2008. Your ex may or may not have to pay the $300 back when he/she files his/her 2008 return. (In 2001, the ex had to pay it back; during the child tax credit advance, the ex didn't have to.)
Answered by a tax lady - Sat Jan 26 15:32:03 2008
Q. I don't get to claim him as a dependant but I do claim the daycare tax credit. Any thoughts? I know its not passed yet but how was it figured during the last rebates?
Asked by Jennifer ? - Sat Jan 26 15:25:59 2008 - United States - 1 Answers - Comments
A. This is all speculation. I have no idea exactly what the IRS will do...but judging from last time. When the IRS issues the "prebate" the $300 will go to your ex. When you file your 2008 tax return, you may get the $300 at that time since you actually were the one claiming the child in 2008. Your ex may or may not have to pay the $300 back when he/she files his/her 2008 return. (In 2001, the ex had to pay it back; during the child tax credit advance, the ex didn't have to.)
Answered by a tax lady - Sat Jan 26 15:32:03 2008
Tax filing question: Joint custody. Can I file dependant and my ex file for child care expenses?
Q. My ex-husband & I have joint custody, although my son lives w/me, he only goes with his dad twice a wk. I do not receive child support, but my ex pays for our son's school (pre-K). Now, when filing our taxes, may I be able to claim our son as my dependant, and then have my ex file for the child care expenses?
Asked by SF - Sat Jan 6 21:38:54 2007 - Other - Taxes - 4 Answers - Comments
A. You get to file "head of household" and your son is your dependent because he lives with you 12 months a year. Your ex gets to claim the child care since he pays it.
Answered by Cracker Jax - Sat Jan 6 21:43:48 2007
Q. My ex-husband & I have joint custody, although my son lives w/me, he only goes with his dad twice a wk. I do not receive child support, but my ex pays for our son's school (pre-K). Now, when filing our taxes, may I be able to claim our son as my dependant, and then have my ex file for the child care expenses?
Asked by SF - Sat Jan 6 21:38:54 2007 - Other - Taxes - 4 Answers - Comments
A. You get to file "head of household" and your son is your dependent because he lives with you 12 months a year. Your ex gets to claim the child care since he pays it.
Answered by Cracker Jax - Sat Jan 6 21:43:48 2007
What can you do to an ex-spouse that has falsley claimed dependant children despite court order?
Q.
Asked by Aggravated - Thu Jan 22 11:29:58 2009 - Marriage & Divorce - 8 Answers - Comments
A. Take the divorce decree with you to the tax office and file for the kids. Do it NOW before he gets the refund. With the both of you filing for the kids, there will be an investigation. have the tax person file the decree WITH your taxes to make the process quicker.
Answered by Mean Carleen - Thu Jan 22 11:41:07 2009
Q.
Asked by Aggravated - Thu Jan 22 11:29:58 2009 - Marriage & Divorce - 8 Answers - Comments
A. Take the divorce decree with you to the tax office and file for the kids. Do it NOW before he gets the refund. With the both of you filing for the kids, there will be an investigation. have the tax person file the decree WITH your taxes to make the process quicker.
Answered by Mean Carleen - Thu Jan 22 11:41:07 2009
Taxes- Claiming a dependant?
Q. My ex and I are seperated. We share joint custody, but I have the exclusive right to decide where the child lives, and it is my descision that he lives with me. He sees his other parent every day, but the childs residence is with me, and he spends aproximatly 8 nights a month with the other parent. It has been this way since I won the custody case about 4 years ago, and I have claimed him every year since then. My ex called me today and said that she is claiming him on her taxes. I told her that she didn't have a right to do that, becuase I have court custody papers that says he lives with me. Who has the right to claim my son? And what's going to happen if we both claim him?
Asked by - Mon Jan 11 16:28:23 2010 - United States - 2 Answers - Comments
A. One of the dependency tests is that the child lived with the taxpayer over 1/2 of the year. From your info, it looks like the child did live with you over 1/2 the year, so the ex would not meet the qualifications to claim the child. That doesn't mean the ex can't claim the child. It would be erroneous, but anyone can put anything they want on a tax return, legitimate or not. If the child was with you over 1/2 the year, your ex does not qualify to claim the dependency exemption, but that doesn't mean your ex won't try. I see situations all the time where people claim children they don't have a right to claim. The practical answer is that the first person to file with the child's name on the return will be given the dependency exemption by… [cont.]
Answered by mrreliable3599 - Mon Jan 11 16:49:19 2010
Q. My ex and I are seperated. We share joint custody, but I have the exclusive right to decide where the child lives, and it is my descision that he lives with me. He sees his other parent every day, but the childs residence is with me, and he spends aproximatly 8 nights a month with the other parent. It has been this way since I won the custody case about 4 years ago, and I have claimed him every year since then. My ex called me today and said that she is claiming him on her taxes. I told her that she didn't have a right to do that, becuase I have court custody papers that says he lives with me. Who has the right to claim my son? And what's going to happen if we both claim him?
Asked by - Mon Jan 11 16:28:23 2010 - United States - 2 Answers - Comments
A. One of the dependency tests is that the child lived with the taxpayer over 1/2 of the year. From your info, it looks like the child did live with you over 1/2 the year, so the ex would not meet the qualifications to claim the child. That doesn't mean the ex can't claim the child. It would be erroneous, but anyone can put anything they want on a tax return, legitimate or not. If the child was with you over 1/2 the year, your ex does not qualify to claim the dependency exemption, but that doesn't mean your ex won't try. I see situations all the time where people claim children they don't have a right to claim. The practical answer is that the first person to file with the child's name on the return will be given the dependency exemption by… [cont.]
Answered by mrreliable3599 - Mon Jan 11 16:49:19 2010
Eligible Dependant and who can claim them with shared custody?
Q. Doing taxes in Ontario, Canada My ex and I share two children equally. We are both the custodial parents and we both provide for the children equally but we live apart. We agreed that I would pay her a fraction of child support for both children because I make more money than she does. It works out to paying child support for one child. My question is, because I am only paying a portion of child support and I have to provide the same things as my ex in terms of shelter, food, etc... am I not allowed to claim the other child? I assume we can both claim one child as a dependant.
Asked by birdman - Thu Aug 6 12:42:34 2009 - Canada - 2 Answers - Comments
A. It would depend on if there is a written agreement or court order. If there is CRA says the following: What are the situations in which you cannot claim the amount for an eligible dependant? Even if all of the conditions have been met to claim the amount for an eligible dependant (see Can you claim the amount for an eligible dependant?), you cannot claim this amount if any of the following applies: You are claiming a spouse or common-law partner amount (line 303). The person for whom you want to claim this amount is your common-law partner. However, you may be able to claim the amount on line 303. Someone else in your household is making this claim. Each household is allowed only one claim for this amount, even if there is more than one… [cont.]
Answered by Joe S - Thu Aug 6 19:02:11 2009
Q. Doing taxes in Ontario, Canada My ex and I share two children equally. We are both the custodial parents and we both provide for the children equally but we live apart. We agreed that I would pay her a fraction of child support for both children because I make more money than she does. It works out to paying child support for one child. My question is, because I am only paying a portion of child support and I have to provide the same things as my ex in terms of shelter, food, etc... am I not allowed to claim the other child? I assume we can both claim one child as a dependant.
Asked by birdman - Thu Aug 6 12:42:34 2009 - Canada - 2 Answers - Comments
A. It would depend on if there is a written agreement or court order. If there is CRA says the following: What are the situations in which you cannot claim the amount for an eligible dependant? Even if all of the conditions have been met to claim the amount for an eligible dependant (see Can you claim the amount for an eligible dependant?), you cannot claim this amount if any of the following applies: You are claiming a spouse or common-law partner amount (line 303). The person for whom you want to claim this amount is your common-law partner. However, you may be able to claim the amount on line 303. Someone else in your household is making this claim. Each household is allowed only one claim for this amount, even if there is more than one… [cont.]
Answered by Joe S - Thu Aug 6 19:02:11 2009
My ex husband forged my name on tax documents, any idea what will happen to him?
Q. We were already divorced, I have full custody of son, whom he does not support in any way. He went to HR Block, filed a joint return claiming ME as dependant as well as my son. Forged my signature on return. Got a refund anticipation loan check which he immediately cashed. This was last year and as I filed a seperate return as single claiming my son, it raised a red flag. My tax refund was held untill I sent documentation proving we were divorced and I supported my son. I am just wondering now that he was found in the wrong by IRS what may happen to him. I am hoping jail time. Any ideas? I have been cleared. They now fully see we were divorced, living several states apart, plus I freaking make 30 grand a year more than him!! He is an idiot… [cont.]
Asked by Holly Golightly - Fri Feb 8 10:34:59 2008 - Law & Ethics - 5 Answers - Comments
A. Probably nothing more than paying the additional tax he would have had to pay had he not declared you & son as dependents, and a penalty assessment. Jail time? I seriously doubt it. The US Attorney has more important stuff to prosecute.
Answered by Mr Placid - Fri Feb 8 10:57:46 2008
Q. We were already divorced, I have full custody of son, whom he does not support in any way. He went to HR Block, filed a joint return claiming ME as dependant as well as my son. Forged my signature on return. Got a refund anticipation loan check which he immediately cashed. This was last year and as I filed a seperate return as single claiming my son, it raised a red flag. My tax refund was held untill I sent documentation proving we were divorced and I supported my son. I am just wondering now that he was found in the wrong by IRS what may happen to him. I am hoping jail time. Any ideas? I have been cleared. They now fully see we were divorced, living several states apart, plus I freaking make 30 grand a year more than him!! He is an idiot… [cont.]
Asked by Holly Golightly - Fri Feb 8 10:34:59 2008 - Law & Ethics - 5 Answers - Comments
A. Probably nothing more than paying the additional tax he would have had to pay had he not declared you & son as dependents, and a penalty assessment. Jail time? I seriously doubt it. The US Attorney has more important stuff to prosecute.
Answered by Mr Placid - Fri Feb 8 10:57:46 2008
How can I get this tax dependent claim back from the ex?
Q. My fiance's Exwife claimed their son for taxes 2009 and the son didn't live with her at all in 2009, it was supposed to be my fiance's turn to claim his son this year but his ex claimed the son instead. How can we get this dependant claim taken away from her so we can get it? Please help asap.
Asked by - Wed Feb 3 10:59:59 2010 - United States - 2 Answers - Comments
A. Your fiance files his tax return correctly. The IRS will investigate duplicate uses of a dependent. if she's already filed, he files by mail. If the child didn't live with her, but lived with him all year (the IRS goes by nights), then the only legal way she could file was with a signed form 8332.
Answered by a tax lady - Wed Feb 3 11:04:58 2010
Q. My fiance's Exwife claimed their son for taxes 2009 and the son didn't live with her at all in 2009, it was supposed to be my fiance's turn to claim his son this year but his ex claimed the son instead. How can we get this dependant claim taken away from her so we can get it? Please help asap.
Asked by - Wed Feb 3 10:59:59 2010 - United States - 2 Answers - Comments
A. Your fiance files his tax return correctly. The IRS will investigate duplicate uses of a dependent. if she's already filed, he files by mail. If the child didn't live with her, but lived with him all year (the IRS goes by nights), then the only legal way she could file was with a signed form 8332.
Answered by a tax lady - Wed Feb 3 11:04:58 2010
Claiming my daughter as a Dependant ?? Help!?!?
Q. My question is, when my divorce papers were written up 3 yrs ago, I allowed my ex to claim my daughter thru 2008. She resides with me and I am the PPR (parent of primary residence). I qualify for the EIC, whereas he doesn't b/c he makes over the limit thereof. I'm wondering if I can renig on my decision. Is there so way that seeing the way that things have panned out over the past three yrs, that I can now claim her?? I am also a single mother and a full time student, so you are talking about a decent return for me. Any help would be appreciated .. ...
Asked by Karrie A - Tue Jan 15 14:38:48 2008 - United States - 4 Answers - 1 Comments
A. You must follow the guidelines set forth in your divorce...HOWEVER, if you can PROVE beyond a shadow of a doubt (receipts, etc) that you provided more then 50% of your daughters SUPPORT for the entire year, you MIGHT be able to use her as a dependent on your return---HOWEVER, if your ex files HIS return first, HE will be able to claim her and you will NOT... if YOU file first... you will get the benefit BUT, once your ex files and puts her on his return which he is legally able to do, it will bring up a "flag" with the IRS and with your STATE ---(same child claimed on 2 returns)...and THEN you will be forced to PROVE to the government that YOU paid more then 50% of her support ---AND, since the divorce papers stipulate the EX can… [cont.]
Answered by LittleBarb - Tue Jan 15 14:49:44 2008
Q. My question is, when my divorce papers were written up 3 yrs ago, I allowed my ex to claim my daughter thru 2008. She resides with me and I am the PPR (parent of primary residence). I qualify for the EIC, whereas he doesn't b/c he makes over the limit thereof. I'm wondering if I can renig on my decision. Is there so way that seeing the way that things have panned out over the past three yrs, that I can now claim her?? I am also a single mother and a full time student, so you are talking about a decent return for me. Any help would be appreciated .. ...
Asked by Karrie A - Tue Jan 15 14:38:48 2008 - United States - 4 Answers - 1 Comments
A. You must follow the guidelines set forth in your divorce...HOWEVER, if you can PROVE beyond a shadow of a doubt (receipts, etc) that you provided more then 50% of your daughters SUPPORT for the entire year, you MIGHT be able to use her as a dependent on your return---HOWEVER, if your ex files HIS return first, HE will be able to claim her and you will NOT... if YOU file first... you will get the benefit BUT, once your ex files and puts her on his return which he is legally able to do, it will bring up a "flag" with the IRS and with your STATE ---(same child claimed on 2 returns)...and THEN you will be forced to PROVE to the government that YOU paid more then 50% of her support ---AND, since the divorce papers stipulate the EX can… [cont.]
Answered by LittleBarb - Tue Jan 15 14:49:44 2008
How much do i get for each dependant?
Q. My friend is claiming his daughter with his ex but she wants the amount he gets for the child. I have heard 1000, 1500 and 1900. A tax professional is the one that told me 1000 but my friend doesn't believe me...
Asked by - Fri Feb 5 09:50:48 2010 - United States - 2 Answers - Comments
A. There is no set amount that you "get" for a dependent. It depends on income level, whether or not the taxpayer is eligible for the refundable credits, etc. Each dependent claimed allows the taxpayer to reduce the amount of taxable income they have, but that doesn't mean the person will get that amount refunded to them.
Answered by artillerygirl01 - Fri Feb 5 09:56:30 2010
Q. My friend is claiming his daughter with his ex but she wants the amount he gets for the child. I have heard 1000, 1500 and 1900. A tax professional is the one that told me 1000 but my friend doesn't believe me...
Asked by - Fri Feb 5 09:50:48 2010 - United States - 2 Answers - Comments
A. There is no set amount that you "get" for a dependent. It depends on income level, whether or not the taxpayer is eligible for the refundable credits, etc. Each dependent claimed allows the taxpayer to reduce the amount of taxable income they have, but that doesn't mean the person will get that amount refunded to them.
Answered by artillerygirl01 - Fri Feb 5 09:56:30 2010
can my daughter claim earned income credit for her son?
Q. if her ex-boyfriend claims him as a dependant? her son lives with her full time. for some reason she said he could claim him and they'd split the return (yeah right). i think she'd be better off claiming everything for herself. no they live apart, hence the ex. i doubt he supplied half the boys income since my daufghter and grandson are living with me.
Asked by thelovebuzzard - Mon Jan 18 18:06:17 2010 - United States - 4 Answers - Comments
A. If the boyfriend doesn't live with the child, he can ONLY claim the exemption and child tax credit if a) the mother signs the form 8332 and b) she's allowed to sign it. One of the criteria is that the parents provided more than half of the child's support. If she give him the 8332, she KEEPs EIC, child care and eligibity for HOH.
Answered by a tax lady - Mon Jan 18 18:10:09 2010
Q. if her ex-boyfriend claims him as a dependant? her son lives with her full time. for some reason she said he could claim him and they'd split the return (yeah right). i think she'd be better off claiming everything for herself. no they live apart, hence the ex. i doubt he supplied half the boys income since my daufghter and grandson are living with me.
Asked by thelovebuzzard - Mon Jan 18 18:06:17 2010 - United States - 4 Answers - Comments
A. If the boyfriend doesn't live with the child, he can ONLY claim the exemption and child tax credit if a) the mother signs the form 8332 and b) she's allowed to sign it. One of the criteria is that the parents provided more than half of the child's support. If she give him the 8332, she KEEPs EIC, child care and eligibity for HOH.
Answered by a tax lady - Mon Jan 18 18:10:09 2010
Tax Help! Ex claimed my son?
Q. Me & current husband filed taxes, got a call my ex has claimed my son, He owes thousands of dollars in back child support! He has not had any visatation with my child since may 2007! We do have a divorce decree that states exactly this,"Petitioner and respondent shall each be entitlrd to claim the minor child for income tax purposes in alternating years. The Petitioner shall claim the child as a tax deduction in the year 2007 and ever odd number thereafter, the Respondent shall claim the minor child as a tax deduction in the year 2006 and every year thereafter." As far as a tax deduction, what exactly classifies as a "Tax Deduction"claiming them as a dependent or claiming them for the earned income tax credit? It… [cont.]
Asked by desireeschoreck - Wed Jan 28 01:06:19 2009 - United States - 4 Answers - Comments
A. H&R Block was correct. I have worked for them in the past. You would need a form 8332 for the years that your ex is allowed to claim the child. All that does is sign over dependancy and child tax credit, but lets you keep (if you qualify) the HOH status, earned income credit, and dependant care credit. I know it will take longer, but here is what you need to do. You will have to paper file WITH your son on your taxes. You will get your money, it will just take longer. A few weeks after you file, you and the ex will both get a letter stating that you have been audited and need to provide proof that the child lived with you and that you had the right to claim him. You need dr. office bills with the child having your address, school… [cont.]
Answered by mexlover80 - Wed Jan 28 09:00:52 2009
Q. Me & current husband filed taxes, got a call my ex has claimed my son, He owes thousands of dollars in back child support! He has not had any visatation with my child since may 2007! We do have a divorce decree that states exactly this,"Petitioner and respondent shall each be entitlrd to claim the minor child for income tax purposes in alternating years. The Petitioner shall claim the child as a tax deduction in the year 2007 and ever odd number thereafter, the Respondent shall claim the minor child as a tax deduction in the year 2006 and every year thereafter." As far as a tax deduction, what exactly classifies as a "Tax Deduction"claiming them as a dependent or claiming them for the earned income tax credit? It… [cont.]
Asked by desireeschoreck - Wed Jan 28 01:06:19 2009 - United States - 4 Answers - Comments
A. H&R Block was correct. I have worked for them in the past. You would need a form 8332 for the years that your ex is allowed to claim the child. All that does is sign over dependancy and child tax credit, but lets you keep (if you qualify) the HOH status, earned income credit, and dependant care credit. I know it will take longer, but here is what you need to do. You will have to paper file WITH your son on your taxes. You will get your money, it will just take longer. A few weeks after you file, you and the ex will both get a letter stating that you have been audited and need to provide proof that the child lived with you and that you had the right to claim him. You need dr. office bills with the child having your address, school… [cont.]
Answered by mexlover80 - Wed Jan 28 09:00:52 2009
Claiming Dependants, Head of household, What can I claim?
Q. Ok, im 23, Made over $30,000 this year. I have a 2 year old daughter who is with me 50% of the time and I also pay child support (not that paying that money does anything tax related) My 20 year old brother is in college and lives with me in an apt. He makes under $20,000 and I support about 70% of the house upkeep and bills. I am single, Never married, and my ex will be claiming my daughter as a dependant. No one else will claim my brother this year. So, giving that info, What can I claim relating to my daughter if the mother claims her as a dependant, and what can I claim for my brother and me having this apt. (Also, I dont want to drastically effect my brothers refund if you can let me know if that would happen.) Thanks!
Asked by Bobby G - Fri Jan 28 13:14:37 2011 - United States - 2 Answers - Comments
A. You need to get and read IRS pub 501. 50% of the time (joint custody) is NOT sufficient to claim a child for either you or the mother. You and the mother need to figure out who actually had the child for 183 NIGHTS or more. That parent claims the child. If the mom claims the child for everything, the only money you can claim on the tax return would be medical expenses for this child, but you wouldn't be likely to have enough to itemize. Your brother is a different issue. The IRS generally considers a college student to be temporarily away from his parent's home. You need to ensure that his parent's aren't claiming him. As his income *is* $20,000, you would also need to prove that you provided more than half of his support. Yes, support… [cont.]
Answered by a tax lady - Fri Jan 28 13:26:35 2011
Q. Ok, im 23, Made over $30,000 this year. I have a 2 year old daughter who is with me 50% of the time and I also pay child support (not that paying that money does anything tax related) My 20 year old brother is in college and lives with me in an apt. He makes under $20,000 and I support about 70% of the house upkeep and bills. I am single, Never married, and my ex will be claiming my daughter as a dependant. No one else will claim my brother this year. So, giving that info, What can I claim relating to my daughter if the mother claims her as a dependant, and what can I claim for my brother and me having this apt. (Also, I dont want to drastically effect my brothers refund if you can let me know if that would happen.) Thanks!
Asked by Bobby G - Fri Jan 28 13:14:37 2011 - United States - 2 Answers - Comments
A. You need to get and read IRS pub 501. 50% of the time (joint custody) is NOT sufficient to claim a child for either you or the mother. You and the mother need to figure out who actually had the child for 183 NIGHTS or more. That parent claims the child. If the mom claims the child for everything, the only money you can claim on the tax return would be medical expenses for this child, but you wouldn't be likely to have enough to itemize. Your brother is a different issue. The IRS generally considers a college student to be temporarily away from his parent's home. You need to ensure that his parent's aren't claiming him. As his income *is* $20,000, you would also need to prove that you provided more than half of his support. Yes, support… [cont.]
Answered by a tax lady - Fri Jan 28 13:26:35 2011
Can my daughter claim her ex husband as a dependant if he owes taxes from a prior year?
Q. Apparently her ex (who now lives with her) owed taxes from 2 years ago when he did not claim unemployment wages. If she claims him this year will they take his back taxes from her refund?
Asked by Chris - Sat Jan 26 23:14:02 2008 - United States - 3 Answers - Comments
A. If they divorced in 2006 or earlier, she can claim in under the qualified relative rules IF he meets all the tests. 1. He had to live with her ALL year. 2. He had to have less than $3400 in income. 3. She had to pay more than half of his support. And all this will get her is a $3400 exemption. NO HOH. As he is a dependent on her tax return, her refund won't be taken to pay his back income taxes (unless of course this was year they filed jointly).
Answered by a tax lady - Sat Jan 26 23:18:12 2008
Q. Apparently her ex (who now lives with her) owed taxes from 2 years ago when he did not claim unemployment wages. If she claims him this year will they take his back taxes from her refund?
Asked by Chris - Sat Jan 26 23:14:02 2008 - United States - 3 Answers - Comments
A. If they divorced in 2006 or earlier, she can claim in under the qualified relative rules IF he meets all the tests. 1. He had to live with her ALL year. 2. He had to have less than $3400 in income. 3. She had to pay more than half of his support. And all this will get her is a $3400 exemption. NO HOH. As he is a dependent on her tax return, her refund won't be taken to pay his back income taxes (unless of course this was year they filed jointly).
Answered by a tax lady - Sat Jan 26 23:18:12 2008
Divorce not final until October 2008, how will this affect my taxes?
Q. I live in California and my divorce was final on 10/9/08. Will this affect mine and my ex-husbands taxes when we go to file? I am planning on filing head of household, and claiming my son (who is not my ex's biological child) as a dependant. But because we were officially still married for the first 10 months, does that mean that we have to file a different way? Thanks for all your help!
Asked by bella muerte - Thu Jan 22 11:46:21 2009 - United States - 6 Answers - Comments
A. You are not married for 2008 tax return. You will file as single. You can file as head of household. Read the requirements for head of household:
Answered by Jss - Thu Jan 22 11:58:01 2009
Q. I live in California and my divorce was final on 10/9/08. Will this affect mine and my ex-husbands taxes when we go to file? I am planning on filing head of household, and claiming my son (who is not my ex's biological child) as a dependant. But because we were officially still married for the first 10 months, does that mean that we have to file a different way? Thanks for all your help!
Asked by bella muerte - Thu Jan 22 11:46:21 2009 - United States - 6 Answers - Comments
A. You are not married for 2008 tax return. You will file as single. You can file as head of household. Read the requirements for head of household:
Answered by Jss - Thu Jan 22 11:58:01 2009
My ex-wife claims our daughter on her taxes, but can I claim half of her child care?
Q. I would like to be able to claim what I pay in dependant care, and I know she would have to deduct it from hers, if it's possible. Can I do this or does she get 100% since she's claiming her?
Asked by - Tue Mar 25 16:14:21 2008 - United States - 2 Answers - Comments
A. Only the parent claiming the exemption gets the dependent care credit. And that credit can only be claimed on that portion paid by that parent. The portion you paid does not qualify. That isn't fair, of course. But that's the rules.
Answered by kckid2 - Tue Mar 25 16:33:15 2008
Q. I would like to be able to claim what I pay in dependant care, and I know she would have to deduct it from hers, if it's possible. Can I do this or does she get 100% since she's claiming her?
Asked by - Tue Mar 25 16:14:21 2008 - United States - 2 Answers - Comments
A. Only the parent claiming the exemption gets the dependent care credit. And that credit can only be claimed on that portion paid by that parent. The portion you paid does not qualify. That isn't fair, of course. But that's the rules.
Answered by kckid2 - Tue Mar 25 16:33:15 2008
Can both parents claim a child as a dependent for FASFA?
Q. I am filling out a FASFA application this year...We are not married, my ex has sole legal custody. He is in school already and I am applying for Fasfa to start school. WHat happens if we both claim her as a dependant on the FASFA application?
Asked by Sandy P - Thu Dec 22 15:28:02 2011 - Financial Aid - 3 Answers - Comments
A. You would both be committing FRAUD - and, other than the fact that knowingly defrauding the government is a felony, it will catch up with you sooner or later. As everyone gets their financial aid audited at some point or another, and when they find out your financial aid will be terminated immediately and they'd make immediate demand for repayment in full.
Answered by - Thu Dec 22 15:59:43 2011
Q. I am filling out a FASFA application this year...We are not married, my ex has sole legal custody. He is in school already and I am applying for Fasfa to start school. WHat happens if we both claim her as a dependant on the FASFA application?
Asked by Sandy P - Thu Dec 22 15:28:02 2011 - Financial Aid - 3 Answers - Comments
A. You would both be committing FRAUD - and, other than the fact that knowingly defrauding the government is a felony, it will catch up with you sooner or later. As everyone gets their financial aid audited at some point or another, and when they find out your financial aid will be terminated immediately and they'd make immediate demand for repayment in full.
Answered by - Thu Dec 22 15:59:43 2011
Claiming Child Care Tax but not Claiming Child as Dependant?
Q. My ex-boyfriend and I alternate years with claiming our daughter. This year is his turn to claim my daughter on tax return. Since we both paid daycare expenses last year, we both received a tax form that states how much we each paid for daycare. My question is-can I claim that on my taxes WITHOUT claiming my daughter as a dependant? I don't want to mess things with the IRS neither do I want to get in trouble or do something that might not let the ex claim her. ahhh-the thing is we shared her. 1/2 and 1/2. She lived one week with me, then one week with him-which is y we had 2 different childcare forms.
Asked by Jane Cruz - Thu Mar 19 14:33:57 2009 - United States - 3 Answers - Comments
A. I assume you mean child care tax credit, not child care tax. Generally, the answer is no, but in this particular case, the answer might be yes. The "rules for children of divorced or separated parents" also apply to couples that never married. The "rules for children of divorced or separated parents" affect who can claim a child as a dependent, but not who can claim tax credits for that child. If 1) ignoring the "rules for children of divorced or separated parents", you, not he, would be the one person able to claim the child, and 2) because of the "rules for children of divorced or separated parents", he, not you, is the one person able to claim the child as a dependent, then you can claim the… [cont.]
Answered by StephenWeinstein - Thu Mar 19 15:21:11 2009
Q. My ex-boyfriend and I alternate years with claiming our daughter. This year is his turn to claim my daughter on tax return. Since we both paid daycare expenses last year, we both received a tax form that states how much we each paid for daycare. My question is-can I claim that on my taxes WITHOUT claiming my daughter as a dependant? I don't want to mess things with the IRS neither do I want to get in trouble or do something that might not let the ex claim her. ahhh-the thing is we shared her. 1/2 and 1/2. She lived one week with me, then one week with him-which is y we had 2 different childcare forms.
Asked by Jane Cruz - Thu Mar 19 14:33:57 2009 - United States - 3 Answers - Comments
A. I assume you mean child care tax credit, not child care tax. Generally, the answer is no, but in this particular case, the answer might be yes. The "rules for children of divorced or separated parents" also apply to couples that never married. The "rules for children of divorced or separated parents" affect who can claim a child as a dependent, but not who can claim tax credits for that child. If 1) ignoring the "rules for children of divorced or separated parents", you, not he, would be the one person able to claim the child, and 2) because of the "rules for children of divorced or separated parents", he, not you, is the one person able to claim the child as a dependent, then you can claim the… [cont.]
Answered by StephenWeinstein - Thu Mar 19 15:21:11 2009
From Yahoo Answer Search: 'claiming dependant -ex'
Sat Jan 14 00:44:49 2012