Dispute Over My Claiming My Ex-Boyfriend's Child as a Dependent on My Taxes

[Jens_50]

I claimed my live-in boyfriend's (has no income) son who had lived with me and that I supported from Dec. 2010 to April 2011. I gave his son's money to the father and he blew it on whatever. I never saw a dime of it. I bought a new 3D Plasma tv and new computer and couch. Now his son's mother is claiming that my new things are hers and that she never gave me permission to claim him. Does she have the right to my things or can I fight this and win?

[Mr. Knowitall]

If you and the child's mother both claimed the child as a dependent, the IRS should have resolved the competing claims. If the dispute was resolved in your favor, that ends it.

Whatever may have happened, and we obviously don't have the full background, the mother would have a civil claim to potentially pursue in court, not a right to bring a truck to your house and take your property. If the argument is that this is jointly owned property and that your ex-boyfriend is part-owner, that's something to work out with your ex-boyfriend.

[Jens_50]

My apologies. I think I may have worded this weirdly. I claimed my boyfriend's son and now his son's mother is claiming she never gave me permission in order to claim him, although my boyfriend which is his legal father gave me permission. My boyfriend spent his son's money, and now his son's mother is trying to go after mine and my daughter's side of the money/the stuff I bought with my money.

[LawResearcherMissy]

Did you provide more than half of his son's support in the year in which you claimed him?

[Jens_50]

his son had lived with me from Dec. 2010 to April, 2011. So he was currently living with me when I filed my taxes. In that period of time I took full care of his son and his father has no income at all. I did not receive any support from the mother.

[Mr. Knowitall]

Either mom claimed the deduction that year or she did not. If she did, presumably the IRS resolved the issue in your favor. If she did not, she did not.

You seem to be stating here that you were not qualified to take the deduction, so I'm left wondering why either mom didn't file for the deduction or why the IRS would have allowed you to take it.

[Jens_50]

the son's father (my boyfriend) gave me permission to claim the boy. Which is what I did. No one else claimed him. I claimed his son and then the father (my boyfriend) spent all of the money he got for his son. I took my and my daughter's money and bought the tv, computer, etc. But now his son's mother thinks she has all rights to the these things I bought with mine and my daughter's side of the money

[Mr. Knowitall]

Was that supposed to be responsive to anything I said?

[Neal1421]

One problem that I see here is that the child lived with you from Dec. 2010-April 2011. When you file your taxes, you are to file them based on the previous year's earnings, therefore you had no right whatsoever to claim the child as he only lived with you for 1 month in 2010.

[Jens_50]

My apologies. The mother didn't file because she didn't have any sort of income for the entire year of 2010. And then from Dec. to the end of Jan. she spent that entire time in jail. I hope that answers that.