If my child mother receives SNAP benefits, can I file my child as a dependent? For clarification. I do take care of my son.

[lazerthegreat]

Here's my worry, so I'm the Father and the only one with a source of income and can file for a tax return. I have a son, who's 1 now. Sometimes he stays with his mom and sometimes he stays with me.

I planned on filing him on my tax return. However I heard from a relative because she (the mother) receives SNAP (food stamps), that if I do, they will try to put me on child support and fine her for fraud.

Which I don't understand. I'm just trying to get clarification and don't want to get into any trouble.

[Phillip1]

Yes. The Department of Treasury has proposed regulations that state government welfare payments count as support given by the taxpayer rather than support provided by the government.

See the following from IRS Publication 501: 

TANF and other governmental payments. 

Under proposed Treasury regulations, if you received Temporary Assistance to Needy Families (TANF) payments or other similar payments and used the payment to support another person, those payments are considered support you provided for that person, rather than support provided by the government or other third party.

[Intoxicaiting]

Can you tell me how this played out? Going through the same.

[Hal_Al]

@Intoxicaiting - The previous discussion is irrelevant.  Which parent provided the support is irrelevant.  The test for a qualifying child dependent is whether the child provided his own support.  Welfare is already considered third party support.

A child of a taxpayer can still be a “Qualifying Child” (QC) dependent, regardless of his/her income, if:

1. He is under age 19, or under 24 if a full time student for at least 5 months of the year, or is totally & permanently disabled
2. He did not provide more than 1/2 his own support. Scholarships and welfare are considered third party support and not as support provided by the student.
3. He lived with the parent (including temporary absences such as away at school) for more than half the year

The custodial parent has first priority on claiming the children on her taxes; regardless of the amount of support provided by the non-custodial parent. The IRS goes by physical custody, not legal custody. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree. Even if a divorce decree, dated after 2008, gives the non-custodial parent the right to claim the child, he must still get form 8332 from the custodial parent. A properly worded decree should require her to provide that form.

[liltrub19]

Your answer didn't answer the question, whether he can claim the child as a dependent  when the mother receives SNAP benefits.

[Hal_Al]

@liltrub19 

Simple answer: yes, he can claim the child, as a dependent, even if the child's mother is receiving  government welfare.  

That assumes he meets all the other rules.

[DawnC]

He can claim the child if he qualifies to claim the child.  The benefits the mother receives do not matter.  Who can I claim as my dependent?

[MOMOF5BABIES]

Okay sir I want to let you know why I live at North Carolina that is illegal if the mother receives any type of government assistance food stamps WIC Medicaid Medicare SSI and you go and find that baby you can be arrested and charged for fraud not the mother you and let me tell you why I know this my sister's boyfriend did this to her and they both live together but the Medicaid and food stamps was in her name and she was going to file all the kids being she was over all the information and stuff and he she sent in proof of everything that she was over everything and the father ended up going to jail over this don't be stupid don't find that child because that child don't live with you full time for one and secondly he has to live with you full time or he has to have your last name and if you're not on that birth certificate and you find that baby you going to prison and secondly thirdly the last she's received the government benefits that's a part of child support payments so if you find that baby you are going to have to pay her all that money back once you spend it don't be a dummy leave it alone have kids with someone else quit worrying about **bleep** money that's the problem with you parents all you ever worry about is getting money money out of kids this is sad and pathetic go on with your **bleep**ing life and leave that baby alone always trying to get money out of kids

[xmasbaby0]

@MOMOF5BABIES You are ranting on a thread that has had no activity since 2020.