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  1. #1

    Default Can I Let My Significant Other Claim My Child

    When I got my divorce in Washington State we decided I would claim my daughter and my ex would claim my son on our tax returns. This is written like this in our divorce papers.
    My boyfriend and I have been living together for several years now and I have become unemployed for awhile. I do not need to file a tax return since I had no income this last year at all. My boyfriend has been supporting me and my children except for the child support I receive. Can I let my boyfriend claim my daughter on his return since I am not filing this year? And do I have to get my ex's permission to let him do that even though it is written in our divorce papers that I claim my daughter and he claims my son? Isn't it my decision where that is used since we have it written that way on legal documents?

  2. #2
    Join Date
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    Default Re: Can I Let My Significant Other Claim My Child

    Quote Quoting christim7968
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    When I got my divorce in Washington State we decided I would claim my daughter and my ex would claim my son on our tax returns. This is written like this in our divorce papers.
    My boyfriend and I have been living together for several years now and I have become unemployed for awhile. I do not need to file a tax return since I had no income this last year at all. My boyfriend has been supporting me and my children except for the child support I receive. Can I let my boyfriend claim my daughter on his return since I am not filing this year? And do I have to get my ex's permission to let him do that even though it is written in our divorce papers that I claim my daughter and he claims my son? Isn't it my decision where that is used since we have it written that way on legal documents?
    Your boyfriend can certainly claim the child. However if a duplicate claim was made by the child's father, then the child's father would win under the tiebreaker rules.

    However, your boyfriend can only claim the child's exemption. He cannot claim the child tax credit or EIC.

  3. #3

    Default Re: Can I Let My Significant Other Claim My Child

    My ex will only claim her if I tell him he can. He claimed her last year but only after I had to sign a release form letting him do so, because of how its written in our divorce aggrement.
    So do I have to get my ex's permission to let my boyfriend claim her?

  4. #4
    Join Date
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    Default Re: Can I Let My Significant Other Claim My Child

    Permission is only needed when there is conflict between two individuals from whom the child is a qualifying child. In the case of your boyfriend, the child is not a qualifying child but rather a qualifying relative. The child's father cannot claim the child as a qualifying child because the child did not live with him for more than half the year and he does not have unconditional right to claim the child in the divorce decree.

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