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Can a step parent claim a step child on their taxes?

My sons biological father, claimed our son on taxes when he shouldn't have. There is no court order on who claims him. I understand that to claim a child as a dependent you have to have them half of the year and also supply 50 percent of their support which my sons biological father does neither. He wrote a motion to the court saying I should not claim him because I do not work and have not worked in years. My husband and I filed jointly to claim my son. My husband supports my son, and my son resides with us 100 percent of the year.

Answer Question

Asked by jerseyshorefan at 7:55 PM on May. 7, 2011 in General Parenting

Level 4 (52 Credits)
Answers (13)
  • Wouldn't that depend on the child support order?

    Answer by meooma at 7:55 PM on May. 7, 2011

  • sure you will just have o show the IRS proof, which means contact the IRS about it

    Answer by SabrenaLeigh at 7:56 PM on May. 7, 2011

  • I would take legal action. Like it was said contact the IRS, he probably lied in hi stax return too. Cause you have to tell them how many month did the child life in his house, and if the child lived all 12 month with you and he said otherwise its a lie and also probably a felony.
    I am thinking a step parent can clam a step child if that child lives in the same hosuehold.

    Answer by LittleBirdFly at 8:01 PM on May. 7, 2011

  • I agree with LittleBirdFly. The tax forms ask you to indicate where the child lived and how much of the child's support you provided. The child needs to live with you more than half the year and you need to provide more than half of the support. They can be a grandchild, step child, foster child, etc..not just your bio child. If he claimed the child and did not provide the home or support, then what he did was illegal.

    Answer by Mom-2-3-Girlz at 8:06 PM on May. 7, 2011

  • contact the irs, he is committing tax fraud

    Answer by bcauseimthemom at 8:16 PM on May. 7, 2011

  • You can claim a child even if it is not biologically yours:

    All taxpayers claiming credits based on the children they are raising must take into account each child`s age (younger than 19 unless the child is a full-time student or permanently disabled), the child`s relationship to the taxpayer and where the child lived during the tax year.

    The relationship test is met if the child is your son, daughter, adopted child, stepchild or grandchild. Your brother, sister, stepbrother or stepsister (or the child or grandchild of these relatives) may also be considered if you care for this person as you would your own child.

    As for residency, the IRS generally demands that the child live with the taxpayer in the United States for more than half of the year.

    Answer by Mom-2-3-Girlz at 8:37 PM on May. 7, 2011

  • My son lives with me and my husband 100 percent of the year, bio dad only has every tuesday 11-4. He hasn't even seen his son in 5 months he is continuesely in and out of my sons life. Also he only pays me 39 dollars a week which is not 50 percent of his support. My husband provides for my son. I read the laws and it states that a step parent can claim the child. Because when it comes to taxes a step parent has the same right as a bio parent.

    Also I filed in court a criminal contempt because what he did was criminal because what he did was against the law and he says he has every right to claim him so he can use the money from the tax return to provide for him when he has visitation with him which he never comes for visitation. Also he thinks he should claim him because I haven't worked in years. I am on disability so I get ssi but my husband and I still file jointly.

    Comment by jerseyshorefan (original poster) at 8:43 PM on May. 7, 2011

  • Yes, a step parent CAN claim a child. Contact the IRS and report what your ex did, he committed tax fraud.

    Answer by tyfry7496 at 9:29 PM on May. 7, 2011

  • Also it said he couldn't claim him without a 8332 form but still he claimed him anyways. If you are a non custodial parent do you have to show some sort of proof to claim the child?

    Comment by jerseyshorefan (original poster) at 10:07 PM on May. 7, 2011

  • Than stepdad has the rights to claim him.

    Answer by amberpatterson at 11:34 PM on May. 7, 2011

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