Submitted 384 days ago...
Filing Children on Taxes without permission
Is it possible for an "absentee" parent to claim the children on their taxes when the children have not lived with the absentee parent for 2 1/2 years? The parent whom has "physical custody" just started recieveing child support May 29, 2007. The absentee parent is paid by his employer on a weekly basis. The physical custody parent should receive a check weekly. The absentee parent has stated that he is going to file again this year even when being informed not to. What can the physical custody parent do to proctect her children and have the freedom to file taxes with out the fear of being beat to the punch.
Answer 1 / 4
Submitted 384 days ago...
Answer 2 / 4
Submitted 384 days ago...
Here are the qualifications for filing a child as a dependent. Seems like he can't claim the child based on #3 below:
1. The child must be your son, daughter, stepchild, eligible foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student, or (c) any age if permanently and totally disabled.
3. The child must have lived with you for more than half of the year. 2
4. The child must not have provided more than half of his or her own support for the year.
5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.
http://www.irs.gov/publications/p501/ar02.html#d0e2117
Answer 3 / 4
Submitted 384 days ago...
You can file a paper return along with sending in supporting documentation such as divorce agreement or custody agreement that shows who has the legal right to claim children. I(f you have an agreement that states every other year, you need to get that changed to even and odd years. It will make it much easy in the future.) IRS will then review and award the refund to the proper parent. Also their are credits that are awarded to the parent that has placement. Such as Earned Income Credit, that goes to who had the child at least 7 months of the tax year.
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