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  1. #1
    Join Date
    Dec 2008
    Posts
    4

    Angry When Can You Claim Your Dependent Children on Your Taxes

    I have two children with same father however we have never been married. Both children live with me full-time however this last year dad moved in for a year to try and work things out again. This didn't work out so he is moving out again for the last time.

    He is threaten to claim our 8 month old with his taxes this year and going forward. We have never gone to court for custodial rights therefore he technically does not have any. As I stated before both kids have always lived with me 100% of the time.

    Can he claim the kids legally? If he does do I have any recourse? How can I prevent him from claiming them? If he files before me and claims one of the kids how would I prove or notify IRS of his actions?

    Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Claiming Dependents

    So he lived with you for the full year, and you jointly supported your household and children?

    You would be better served by coming to an agreement. If you both try to claim the deduction, the IRS will investigate and decide who gets it, applying these standards.

  3. #3
    Join Date
    Dec 2008
    Posts
    4

    Default Re: Claiming Dependents

    The IRS is not going to get into the legalities of who has the right to claim which child. They will just go with the tax return they receive first. For instance, if you were to beat him filing his taxes, then when he files, he will be denied because the child is already on record as being claimed by you. The same goes for you if he beats you filing. They look at it as a legal matter that you would have to resolve in court - not through them.

  4. #4
    Join Date
    Oct 2006
    Posts
    15,494

    Default Re: Claiming Dependents

    Quote Quoting Dedesoa
    View Post
    The IRS is not going to get into the legalities of who has the right to claim which child. They will just go with the tax return they receive first. For instance, if you were to beat him filing his taxes, then when he files, he will be denied because the child is already on record as being claimed by you. The same goes for you if he beats you filing. They look at it as a legal matter that you would have to resolve in court - not through them.
    This is COMPLETELY incorrect. Its true that the person filing first is the only one who can file electronically, but the other parent can file a paper return and get their refund.

    Then, later on down the road the IRS will investigate the duplicate claim and will determine which parent should have received the exemption, and the other parent will have to pay back the excess refund they received.

  5. #5
    Join Date
    Oct 2006
    Posts
    15,494

    Default Re: Claiming Dependents

    Quote Quoting roxy8768
    View Post
    I have two children with same father however we have never been married. Both children live with me full-time however this last year dad moved in for a year to try and work things out again. This didn't work out so he is moving out again for the last time.

    He is threaten to claim our 8 month old with his taxes this year and going forward. We have never gone to court for custodial rights therefore he technically does not have any. As I stated before both kids have always lived with me 100% of the time.

    Can he claim the kids legally? If he does do I have any recourse? How can I prevent him from claiming them? If he files before me and claims one of the kids how would I prove or notify IRS of his actions?

    Thank you
    Since you both lived with the children for 2008, you are both "custodial parents" for 2008 as defined by the tax code.

    Therefore the tiebreaker rules would apply. The specific tiebreaker rule that would be in effect here is the income rule. Therefore whichever one of you who had the higher income, would be the one entitled to claim the children for 2008. However, the two of you can agree to deviate from that.

    If his income is higher than yours, you probably should agree that he claims one of the children.

    For future years, if the children continue to live with you, then you would be the only one entitled to claim them under the tax code, unless you release the exemption for one or more of the children to him, by signing a form 8332.

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