Can my son father claim him on his taxes if i have custody ?

Can my son father claim him on his taxes if i have custody ?

Postby corcoran49 » Tue Apr 05, 2011 11:14 am

hi, i would like to know if my son father can claim him on his taxes if i have custody of him and if i did not work last year at all. im not sure but i heard that there is supposed to be a form that i can feel out if i wanted his dad to claim him, which i dont want him to. he does pay child support but i heard that doesn't matter cause she has never lived with him. we all live in nyc.
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Can my son father claim him on his taxes if i have custody ?

Postby lok » Tue Apr 05, 2011 11:16 am

You can give him the child's dependency exemption and child tax credit by signing form 8332 and giving it to him.

If you have a divorce or separation agreement that says the father gets to claim him, then you must sign form 8332 or else you could be held in contempt of court for violating the judges order. If you don't have a court order requiring you to sign over the rights, then its your choice whether or not to sign 8332. Either way, the father MUST have a signed 8332 form in order to claim him legally.

Even with form 8332, the father cannot claim EIC or head of household status. Those benefits ALWAYS remain with the custodial parent no matter what.

If I were in your shoes, I'd go ahead and sign the form. Since you haven't worked, you won't lose anything since you won't get a tax refund anyway. You might as well let the father save the ~$1500 or so on his taxes as a way of showing your appreciation that he's keeping up on child support. In the end, he probably pays a lot more in child support than what he gets on his taxes with form 8332. It would be pretty cold-hearted of you to just say no to saving him $1000-$2000 on his taxes when it doesn't cost you anything.

EDIT:
The answer below me by "shamrock" is wrong. There is no such "line of progression." There are rules to claim a dependent and a father who pays child support but doesn't live with the child can ONLY meet the rules to claim the child if he has form 8332 signed by the custodial parent. If you choose not to sign 8332, then nobody gets any tax benefits for your son.
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Can my son father claim him on his taxes if i have custody ?

Postby connacht17 » Tue Apr 05, 2011 11:17 am

You didn't work at all last year, meaning your sole source of income was the child support you received from the man you want to keep from claiming the child that he provided 100% of said child's financial support. You're a piece of work, but I'll answer your question anyway.

Short answer is yes, he can claim the child, regardless of whether you sign form 8332. There is a "line of succession" when it comes to who gets to claim a dependent for tax purposes, the custodial parent has first dibs (unless a court order states otherwise). However, you had no income, therefore you have nothing to report, which means the right goes to the next person in line. The 2nd in line for the deduction is the non-custodial parent, regardless of whether or not that parent paid child support. If the other parent does not want the exemption, a person that provided for more than 50% of the child's expenses provided they meet required relationship and residency requirements.

If you want to keep the father from claiming the child next year, get a job.
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Can my son father claim him on his taxes if i have custody ?

Postby gilley54 » Tue Apr 05, 2011 11:18 am

You sign and give him a form 8332 which allows him to take the exemption for his son, but NOT to receive EITC, under special rules for children of divorced or separated parents, since child lives with you, not with him. All those answers saying NO are WRONG.

He is paying child support--thank heavens he is doing that
You then still could receive EITC for the child if you had worked and your income qualified, but as you didn't, no one qualifies to receive EITC for your child

Why NOT work with him, and give him this, when he is paying child support--so many don't
Why create more strife and animosity between the two of you???
It's the fair and Christian way to work with your baby daddy, and doesn't HURT you at all.
You chose to have his baby, and now you have to deal with him for at least 18 years!
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Can my son father claim him on his taxes if i have custody ?

Postby chattan58 » Tue Apr 05, 2011 11:20 am

Form 8332 would allow him to claim the child.

He could get the Dependency Exemption and the Child Tax Credit (assuming the child is under 17).

However, he would not get EIC or be able to claim Head of Household based on this child.
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Can my son father claim him on his taxes if i have custody ?

Postby beomann21 » Tue Apr 05, 2011 11:23 am

With your permission and a signed form 8332 yes.
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Can my son father claim him on his taxes if i have custody ?

Postby willoughby11 » Tue Apr 05, 2011 11:25 am

If your child lived with you for most of 2010 and you provided more than half his support (place to live, utilities, food, etc.), then only YOU can claim the child.
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Can my son father claim him on his taxes if i have custody ?

Postby silvio2 » Tue Apr 05, 2011 11:26 am

no he cannot .you can also check with irs
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