Claiming Dependents

Bobby85 — Wed, 27 Nov 2019 08:39:36 GMT

My daughter lived with me “the non-custodial parent” 180 nights to my ex’s 185 nights of this year. Her new boyfriend said he is going to claim my daughter and my ex as dependents (they are not legally married in Texas no signed affidavits of common law marriage). Can he claim my daughter when she hasn’t lived with him the whole year and her mother is just a dependent?? If not I would like to challenge his claim and claim my daughter on my own taxes. What can I do? Also, if they lie about the marriage and file joint/married can they claim my daughter that way?

Re: Claiming Dependents

xmasbaby0 — Wed, 27 Nov 2019 12:03:41 GMT

No. Your daughter's BF cannot claim her as his dependent if she did not live with him the WHOLE year in 2019. If he does, it will be tax fraud. Does he think tax fraud is worth the $500 credit he can get for claiming a dependent--since that is all he would get.

And why would he think he can claim your "ex" as his dependent?

If your daughter actually spent more nights with your ex in 2019 (although the year is not yet over--so not sure how you are counting those nights) then your ex is the one who would be regarded by the IRS as the "custodial parent" who can claim her as a dependent. Of course, unless your ex had income earned from working, claiming a dependent is moot. You have not said if you or your ex worked and earned income. Without income earned from working you get nothing for claiming a dependent.

It is also not clear why you are saying "her mother is just a dependent" -- you seem to be referring to yourself. Are YOU someone else's dependent? If so, you cannot claim a dependent, regardless of where your daughter lived.

It seems like there is information missing here. You have not said how old your daughter is, or whether she is a full-time student, or if she had any earned income of her own.

And of course it is * possible* for them to lie and claim to be married in order to file a joint return. That would also be tax fraud.

WHO CAN I CLAIM AS A DEPENDENT?

You can claim a child, relative, friend, fiance (etc.) as a dependent on your 2018 taxes as long as they meet the following requirements:

Qualifying child

• They are related to you.

• They cannot be claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.

• They are not filing a joint return with their spouse.

• They are under the age of 19 (or 24 for full-time students).

No age limit for permanently and totally disabled children

• They live with you for more than half the year (exceptions apply).

Qualifying relative

• They don't have to be related to you (despite the name).

• They cannot be claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.

• They are not filing a joint return with their spouse.

• They lived with you the entire year.

• They made less than $4,150 in 2018

• You provided more than half of their financial support. More info

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them.

Related Information:

• Does a dependent have to live with me?

• What does "financially support another person" mean?

• Can I claim a newborn baby?

Re: Claiming Dependents

xmasbaby0 — Wed, 27 Nov 2019 14:17:23 GMT

@Bobby85 I just re-read this---your post is confusing because of the use of pronouns and the uncertainty of who they refer to. Who has a boyfriend? Your ex? Your daughter? Are you the dad or the mom? It would help a little to know.

However, the rules remain. The Boyfriend cannot claim a dependent who is not related to him as a dependent unless that person lived with him the WHOLE year.

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Claiming Dependents

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