ANSWERS: 15
  • Probably wouldn't be any repercussions if only one parent is claiming the deduction, but I don't believe he'd be able to claim head of household unless the child lives with him . . . not sure. However, usually the person who claims the child is noted in the divorce decree or the one who provides the most dollar support is entitled to claim the child as a dependent. Just my information, not legal advice.
  • I don't know for sure, but I'm sure it would very state to state. But, if he doesn't have custody, I don't think he would be able to. You really need to contact a local tax office to find out. I didn't realize you didn't have to file if you're on SSD...but, now that you will be working, you'll have to file next year.
  • I'm pretty sure the child would have to reside with him more then 50% of the year.
  • Yes he can.....as long as you don't. Someone may as well get credit for this! Other wise the goverment gets it.
  • as far as i know he should be able to as long as no one else is claiming her
  • Yes, he can file her. He pays child support for her. That is record enough that he "helps take care of her" and he pays child support ALL YEAR, not just 50% of the year,right? I wouldn't worry. As long as no one else claims her, he most certainly can. And with him paying child support every month, who is to say he doesn't have her 50% of the year?!!
  • Are you divorced? If so then it states in the divorce decree who gets to claim and if you are both in agreement that he can then yes. As long as you dont claim the child as well there will be no problems.
  • your friend is right. He cannot claim your daughter on his income tax. She is not an dependent of his. The only people you can claim on your income tax are those whom you support.
  • you can claim a 40yo virgin living in your basement as long as he didn’t work, or no one else claimed him, related or not.
  • That is very true! If no one else is claiming that person, Including themselves and you pay up to 50% of their housing, food, etc.. You can claim them.
  • There is a form you can complete which allows him to claim dependent on his tax returns. You can download it from IRS website.
  • The non-custodial parent shoudl obtain a form 8863 from the IRS web-site www.irs.gov. This allows the non-custodial parent the right to claim the child as the custodial parent waives their right for a specific year. Tax Law Publication 504 is also the correct reference on this. This is perfectly acceptable if documented correctly.
  • Per Tax Law Publication 17, the Statute of Limitations on a Tax Return is 3-years. So the 2005, 2006, 2007 returns can be amended. This can be done on a form 1040X. As custodial parent you have the control or hold the cards so to say. You may elect to sing a Form 8863 for ALL TAX YEARS - or you can get one and make a photocopy of it and give it to him every year so that he makes nice. All of these answeres are at the IRS.GOV website, or live assistance may be obtained by calling 1-800-829-1040.
  • Pleae keep in mind that the F-8863 or similar document must be attached with the return every year. This form can not be filed electronically, however, you may choose to file electronically and then submit a signature packet. This will not dealy your refund schedule of 10-15 for IRS direct Deposit, or 3-4 weeks for a paper check for e-file. A paper original return takes 6-8 weeks, while and amended tax return takes 8-12 weeks for processing.
  • My ex husband did and he paid child support. It was agreed in our divorce that he could claim my son every other year.

Copyright 2023, Wired Ivy, LLC

Answerbag | Terms of Service | Privacy Policy