Comments on: Can I claim my daughter on my tax return? http://netclubusa.net/state-tax-return/can-i-claim-my-daughter-on-my-tax-return-2/ Be smart, do your taxes on time! Fri, 06 Jul 2012 04:39:35 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: ninasgramma http://netclubusa.net/state-tax-return/can-i-claim-my-daughter-on-my-tax-return-2/comment-page-1/#comment-4458 ninasgramma Thu, 29 Jul 2010 12:29:30 +0000 http://netclubusa.net/state-tax-return/can-i-claim-my-daughter-on-my-tax-return-2/#comment-4458 OK you have proof of custody for the six months July - December. There were other times when your child was with you. That means you had custody for more than six months. Child support payments in either direction don't figure into who gets the exemption. Court papers don't trump physical custody, which is what the IRS looks at. So hurry and file that return. If it is rejected because the mother has claimed the child, file a paper return with a cover letter documenting that your child was living with you for more than six months. You should prevail on this one, but the best remedy is to file first. OK you have proof of custody for the six months July – December. There were other times when your child was with you. That means you had custody for more than six months.

Child support payments in either direction don’t figure into who gets the exemption. Court papers don’t trump physical custody, which is what the IRS looks at.

So hurry and file that return. If it is rejected because the mother has claimed the child, file a paper return with a cover letter documenting that your child was living with you for more than six months.

You should prevail on this one, but the best remedy is to file first.

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]]> By: Judy http://netclubusa.net/state-tax-return/can-i-claim-my-daughter-on-my-tax-return-2/comment-page-1/#comment-4414 Judy Thu, 29 Jul 2010 00:29:13 +0000 http://netclubusa.net/state-tax-return/can-i-claim-my-daughter-on-my-tax-return-2/#comment-4414 If your daughter didn't live with your wife for over half of the year, then she is not allowed to claim her as a qualifying child. And it doesn't sound like she provided over half of her support either, so couldn't claim her as a qualifying relative either. Keep all that paperwork handy. If you both claim your daughter, then the IRS will be asking each of you to prove that you are entitled to the exemption. Usually the parent with legal custody for the greater part of the year is the one who could claim the child, so you'd lose, but since your daughter was living with you, not her, for that time, you have a real good shot at winning if it comes to a battle, and it sounds like you will. Yours is a situation that could go either way as far as getting the exemption, based on how the rules get interpreted. Sorry for your troubles. Good luck. If your daughter didn’t live with your wife for over half of the year, then she is not allowed to claim her as a qualifying child. And it doesn’t sound like she provided over half of her support either, so couldn’t claim her as a qualifying relative either.

Keep all that paperwork handy. If you both claim your daughter, then the IRS will be asking each of you to prove that you are entitled to the exemption.

Usually the parent with legal custody for the greater part of the year is the one who could claim the child, so you’d lose, but since your daughter was living with you, not her, for that time, you have a real good shot at winning if it comes to a battle, and it sounds like you will. Yours is a situation that could go either way as far as getting the exemption, based on how the rules get interpreted.

Sorry for your troubles. Good luck.

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]]> By: Judy http://netclubusa.net/state-tax-return/can-i-claim-my-daughter-on-my-tax-return-2/comment-page-1/#comment-4415 Judy Thu, 29 Jul 2010 00:29:13 +0000 http://netclubusa.net/state-tax-return/can-i-claim-my-daughter-on-my-tax-return-2/#comment-4415 If your daughter didn't live with your wife for over half of the year, then she is not allowed to claim her as a qualifying child. And it doesn't sound like she provided over half of her support either, so couldn't claim her as a qualifying relative either. Keep all that paperwork handy. If you both claim your daughter, then the IRS will be asking each of you to prove that you are entitled to the exemption. Usually the parent with legal custody for the greater part of the year is the one who could claim the child, so you'd lose, but since your daughter was living with you, not her, for that time, you have a real good shot at winning if it comes to a battle, and it sounds like you will. Yours is a situation that could go either way as far as getting the exemption, based on how the rules get interpreted. Sorry for your troubles. Good luck. If your daughter didn’t live with your wife for over half of the year, then she is not allowed to claim her as a qualifying child. And it doesn’t sound like she provided over half of her support either, so couldn’t claim her as a qualifying relative either.

Keep all that paperwork handy. If you both claim your daughter, then the IRS will be asking each of you to prove that you are entitled to the exemption.

Usually the parent with legal custody for the greater part of the year is the one who could claim the child, so you’d lose, but since your daughter was living with you, not her, for that time, you have a real good shot at winning if it comes to a battle, and it sounds like you will. Yours is a situation that could go either way as far as getting the exemption, based on how the rules get interpreted.

Sorry for your troubles. Good luck.

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]]> By: john5242548 http://netclubusa.net/state-tax-return/can-i-claim-my-daughter-on-my-tax-return-2/comment-page-1/#comment-4385 john5242548 Wed, 28 Jul 2010 13:29:21 +0000 http://netclubusa.net/state-tax-return/can-i-claim-my-daughter-on-my-tax-return-2/#comment-4385 This is a good question for a tax consultant. You need to have someone fill out your taxes. It costs a little bit,but it is better than paying a penalty. This is a good question for a tax consultant. You need to have someone fill out your taxes. It costs a little bit,but it is better than paying a penalty.

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]]> By: bostonianinmo http://netclubusa.net/state-tax-return/can-i-claim-my-daughter-on-my-tax-return-2/comment-page-1/#comment-4368 bostonianinmo Wed, 28 Jul 2010 05:30:16 +0000 http://netclubusa.net/state-tax-return/can-i-claim-my-daughter-on-my-tax-return-2/#comment-4368 The parent with custody gets the deduction. If your ex tries to claim her as well, the IRS will investigate the matter and give the exemption to the right party. In the situation you describe, that will be you. The parent with custody gets the deduction. If your ex tries to claim her as well, the IRS will investigate the matter and give the exemption to the right party. In the situation you describe, that will be you.

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]]> By: Just me http://netclubusa.net/state-tax-return/can-i-claim-my-daughter-on-my-tax-return-2/comment-page-1/#comment-4339 Just me Tue, 27 Jul 2010 20:29:12 +0000 http://netclubusa.net/state-tax-return/can-i-claim-my-daughter-on-my-tax-return-2/#comment-4339 I'm not really clear on why you continued paying her if you had the child, but nonetheless, my oppinion is that you should be entitled. But I'm sure you would have to show them your latest court order as proof. If I were you, I would ask H&R Block or any other financial advisor. Your next step could be convincing her not to claim the child. Maybe tell her that you've already claimed her(?) or something like that so that she won't (?). Best of luck. I’m not really clear on why you continued paying her if you had the child, but nonetheless, my oppinion is that you should be entitled. But I’m sure you would have to show them your latest court order as proof. If I were you, I would ask H&R Block or any other financial advisor. Your next step could be convincing her not to claim the child. Maybe tell her that you’ve already claimed her(?) or something like that so that she won’t (?). Best of luck.

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]]> By: george 2 http://netclubusa.net/state-tax-return/can-i-claim-my-daughter-on-my-tax-return-2/comment-page-1/#comment-4317 george 2 Tue, 27 Jul 2010 09:32:05 +0000 http://netclubusa.net/state-tax-return/can-i-claim-my-daughter-on-my-tax-return-2/#comment-4317 if you had her for at least 6 months then you can claim her. and if the x claims her too the IRS will investigate as to who can claim her and as long as you have the proof you had her for 6 months then it will be your xs problem. if you had her for at least 6 months then you can claim her. and if the x claims her too the IRS will investigate as to who can claim her and as long as you have the proof you had her for 6 months then it will be your xs problem.

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]]> By: Dogzilla http://netclubusa.net/state-tax-return/can-i-claim-my-daughter-on-my-tax-return-2/comment-page-1/#comment-4299 Dogzilla Mon, 26 Jul 2010 23:29:26 +0000 http://netclubusa.net/state-tax-return/can-i-claim-my-daughter-on-my-tax-return-2/#comment-4299 If you both claim her, both of you will get letters from the IRS. Your custody papers will get you off the hook! If you both claim her, both of you will get letters from the IRS. Your custody papers will get you off the hook!

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