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Who can claim a child on income tax's

I was just wondering when it comes to claiming a child for your INCOME TAX'S does my sister who is my son's legal gardian have the right to claim my son, PLUS she gets child support ( from his dad ) and from me she his SSI money . His dad is also paying for other expenses plus my sister also gets half of my sons dad's income tax money. Hope I asked the question the right way

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Asked by tweetypie803 at 1:20 AM on Feb. 7, 2009 in School-Age Kids (5-8)

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Answers (7)
  • yes she would be the one who claims him, if he lives with her more than half the year and he is her dependent then she claims him

    Answer by 3_ring_circus_ at 1:33 AM on Feb. 7, 2009

  • Who ever has custody of the child gets to claim them. i.e. I have custody of my son even though his father takes him every other week, his primary residence is with me so therefore I can claim him. Another situation is my sis-in-law "let" her ex-husband claim their daughter even though the daughter lives with sis-in-law. If you are civil with the guardian or custodial parent and they let you, you can claim the child for tax purposes.

    Answer by Gigi1969 at 1:42 AM on Feb. 7, 2009

  • if the child lived with her more than 1/2 the year she gets to claim him

    Answer by mommymeg03 at 11:54 AM on Feb. 7, 2009

  • it goes by whoever the child lives with 50% or more during the year + whatever is in the custody agreement.

    Answer by MamiJaAyla at 12:37 PM on Feb. 7, 2009

  • Whoever is the legal guardian of the child and the child lives there 6 or more months of the year is who should claim him. When the wrong person (someone that the child doesn't live with) claims him/her it starts some big problems with the IRS.

    Answer by Charbear76 at 10:43 PM on Feb. 7, 2009

  • I'm confused, how is it your son but she's the legal guardian? Did you lose custody of your son? Whoever had physical custody of the child for more than 50% of the year.

    Answer by feesharose at 1:44 PM on Feb. 8, 2009

  • I have custody of my daughter but we have been living with my mother for the last year. So she claimed my daughter. My husband just claimed me and himself. Since my mom made more money than my husband and is single she gets more eic so it worked out better that she claimed my daughter.

    Answer by theosgirl45 at 10:30 PM on Feb. 8, 2009

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