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Question About Claiming Kids on Taxes NEED ANSWERS ASAP!

if you are a mother and you have custody of your child but can not work and your kids live with you year around and only visit there dad.. if the dad (who is working) claims the girls does the mother have to sign off on it giving him permission to claim them because they dont live with him but he does pay child support. Or can he just go and do that without your permission

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Asked by SammiGirl07 at 9:29 PM on Dec. 22, 2010 in Money & Work

Level 13 (980 Credits)
Answers (13)
  • He can do it without permission. Before I met my husband I had a friend claim my son on her taxes and I never had to say or do anything. All they need is the name, DOB and social and they can claim them.

    Answer by jnsdrf at 9:31 PM on Dec. 22, 2010

  • oh by the way i live in fl if that means anything

    Comment by SammiGirl07 (original poster) at 9:31 PM on Dec. 22, 2010

  • I don't think it's any different. I'm in AZ, but my mom has had family in Tennessee and Vermont claim my sister and they all did it the same way.

    Answer by jnsdrf at 9:36 PM on Dec. 22, 2010

  • They have to support more than 50%. I have a tenant who has his wages garnished because he claimed a child who he had claimed and should not have. But if he is the father and is paying child support and the child is not being claimed by anyone else there should be no problem.

    Answer by tootoobusy at 9:43 PM on Dec. 22, 2010

  • That should already be in a court order as to who gets to claim them. If you dont file a tax return, then I would let him do it. But once you are working, you are the custodial parent & should be the one to claim them. If in doubt, talk to an attorney.

    Answer by mrsmom110 at 9:48 PM on Dec. 22, 2010

  • If a reputable tax preparer does his taxes, they will require him to obtain a form, signed by you in order to claim a child that does not live with him. If some flight by night person files the taxes, or he does them himself, there is nothing stopping him from claiming.
    Even if you do not work, you can still file a tax return and claim them. If you both claim them, then the second person to file their taxes and claim them will have the burden of proof as to why they have the right to claim them. This will include a copy of the custody order, a letter from your child's school (if they attend) stating what address they have on file for them, and pretty much all of your bills that pertain to the upkeep of the child. This includes rent/mortgage, car, electric, heating/oil, phone, insurance, cable, etc. If the total of these bills is more than half of what he pays, he will have to return the funds he received for the claim.

    Answer by layh41407 at 9:56 PM on Dec. 22, 2010

  • Thanks its not about me its my DH mother she isnt the best! and things got all screwed up so we are trying to figure it out! it should be so easy to just claim any child! I really had no idea.

    Comment by SammiGirl07 (original poster) at 9:56 PM on Dec. 22, 2010

  • They have to live with them for at least half the year and pay for at lest half of the child's expenses. So in my opinion the answer is no he can't claim them.

    But definitely check with a tax professional to be sure.

    Answer by Erica_Smerica at 10:40 PM on Dec. 22, 2010

  • Ok, yes he could claim them if the mother agrees. It is often stated in the child support order form. They do NOT require proof that he is paying more than half, since the agreement in the court order does not require this since he is paying child support. The additional form with your signature is all he has to send in. Now if you both try to claim the children, the person who files last will have to prove they have the right, normally with a copy of the child support order. If the first person that filed and got the money was not allowed to do so, the IRS will find them, but it normally takes a couple years.
    Talking from experience :)

    Answer by Candi1024 at 10:21 AM on Dec. 23, 2010

  • Oh, if he does his taxes online, when he puts the children down they will ask if they lived with him more than 50% of the time, and he should check no, and that will generate the form he is required to send in.

    Answer by Candi1024 at 10:22 AM on Dec. 23, 2010

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