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  1. #1
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    Apr 2019
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    Default Can I Claim My Children and File Taxes

    I am a single father of two one stays with me fulltime and the other over half of the time. We live only off of my VA disability check 60% Can I file taxes and claim my children?

  2. #2
    Join Date
    Oct 2014
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    Default Re: Can I Claim My Children and File Taxes

    Quote Quoting charles4
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    I am a single father of two one stays with me fulltime and the other over half of the time. We live only off of my VA disability check 60% Can I file taxes and claim my children?
    There is no longer an exemption (deduction) for child dependents on the federal income tax return. But you still might qualify for the child tax credit and additional child tax credit. If your only income is VA disability income, that income is not taxable. In that case, only the additional child tax credit, which is refundable, would do you any good. See IRS Publication 972 for more information on the child tax credit and additional child tax credit.

    Does your divorce decree/child custody order give her the right to claim the dependent exemption for the kids? That may make a difference here.

  3. #3
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    Oct 2006
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    Default Re: Can I Claim My Children and File Taxes

    Quote Quoting Taxing Matters
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    There is no longer an exemption (deduction) for child dependents on the federal income tax return. But you still might qualify for the child tax credit and additional child tax credit. If your only income is VA disability income, that income is not taxable. In that case, only the additional child tax credit, which is refundable, would do you any good. See IRS Publication 972 for more information on the child tax credit and additional child tax credit.

    Does your divorce decree/child custody order give her the right to claim the dependent exemption for the kids? That may make a difference here.
    In order to claim the additional child tax credit you must have an adjusted gross income of a minimum of $2500.00. Since VA income is not taxable or includable on a tax return it does not add to adjusted gross income. Therefore if that is the only income the OP has, he cannot benefit from the additional child tax credit. The same would apply to social security benefits.

  4. #4
    Join Date
    Apr 2019
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    Default Re: Can I Claim My Children and File Taxes

    The divorce papers do not state that she can claim them. It does state that she has majority custody. Physically one child stays with me fulltime the other over half of the time.

    So I would have to have $2500 in earned income to claim them. If so is she allowed to claim them even if they don't live with her?

  5. #5
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    Oct 2006
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    Default Re: Can I Claim My Children and File Taxes

    Quote Quoting charles4
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    The divorce papers do not state that she can claim them. It does state that she has majority custody. Physically one child stays with me fulltime the other over half of the time.

    So I would have to have $2500 in earned income to claim them. If so is she allowed to claim them even if they don't live with her?
    You would only get a very small refund if you only had $2500.00 in adjusted gross income. Why not let her claim them (the law does not prohibit that) if you cannot benefit from claiming them?

    Also, if the custody order says that she has the majority of physical custody, then she can just start insisting on following the order, and then you would have to go back to court to try and get it changed.

  6. #6
    Join Date
    Apr 2019
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    Default Re: Can I Claim My Children and File Taxes

    I supply everything there is no contribution on her part. Already waiting on court date for full custody.

  7. #7
    Join Date
    Oct 2006
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    Default Re: Can I Claim My Children and File Taxes

    Quote Quoting charles4
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    I supply everything there is no contribution on her part. Already waiting on court date for full custody.
    I understand, but are you saying that you would rather that no one claim them if you cannot benefit from claiming them? You would really need to have closer to 6-8k in income (other than VA) before you would see anything substantial.

  8. #8
    Join Date
    Apr 2019
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    4

    Default Re: Can I Claim My Children and File Taxes

    Yes I would rather no one claim them than let her benefit from something she doesn't deserve. Why should she be able to claim them and blow that money on herself and the kids not see any of the money. Once again she doesn't provide anything for them.

  9. #9

    Default Re: Can I Claim My Children and File Taxes

    Quote Quoting charles4
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    Yes I would rather no one claim them than let her benefit from something she doesn't deserve. Why should she be able to claim them and blow that money on herself and the kids not see any of the money. Once again she doesn't provide anything for them.
    Unless she has a court order to pay support she isn't obligated to pay anything. Have you filed for support yet?

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