taxes

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MY HUSBAND HAS 2 BOYS 13 AND 14 YEARS OLD WHICH HE HAS CLAIMED ON TAXES FROM BIRTH. THE BOYS MOM DRAWS DISABILITY. AND CANT DO TAXES. HAS STATED SHE IS GOING TO STOP LETTING HIM, AND LET HER BROTHER CLAIM THEM. CAN SHE DO THAT LEGALLY?

lriddick

Level 2

im not an expert but from what i found :

Qualifying child

In addition to the qualifications above, to claim an exemption for your child, you must be able to answer "yes" to all of the following questions.

Are they related to you? The child can be your son, daughter, stepchild, eligible foster child, brother, sister, half brother, half sister, stepbrother, stepsister, adopted child or an offspring of any of them.
Do they meet the age requirement? Your child must be under age 19 or, if a full-time student, under age 24. There is no age limit if your child is permanently and totally disabled.
Do they live with you? Your child must live with you for more than half the year, but several exceptions apply.
Do you financially support them? Your child may have a job, but that job cannot provide more than half of her support.
Are you the only person claiming them? This requirement commonly applies to children of divorced parents. Here you must use the “tie breaker rules,” which are found in IRS Publication 501. These rules establish income, parentage and residency requirements for claiming a child.

IsabellaG

Alumni - Intuit

Unfortunately, if your husband is the noncustodial parent he would need to have the mother of the boys sign form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent , unless they have a divorce decree dated before 2009 that allows him to claim the dependents. If she doesn't agree to sign this form, your husband will be unable to claim the dependents.

However, the mother can't just let her brother claim the boys. He would have to live with the children for more than half the year for them to count as his qualifying children, or else provide more than half their support to claim them as qualifying relatives. She can't just allow anyone she chooses to claim the children as dependents. Form 8332 is only for the noncustodial parent.

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