What do the IRS need from me to prove that my child lives with me and I have proof from the court saying that I have the right to claim child?

[MichaelDC · Accepted solution]

While it's good that you have proof from the court saying that you have the right to claim your child, you may under certain circumstances (Earned Income Credit and Head of Household) need to prove that he lived with you also.

Here are the records that can be kept or submitted depending on your situation to document the residency of qualifying children for the earned income credit and/or Head of Household.

• School records or statement.
• Landlord or property management statement.
• Health provider statement.
• Medical records.
• Child care provided records.
• Placement agency statement.
• Social service records or statement.
• Place of worship statement.
• Indian tribal official statement.
• Employer statement.

[macuser_22]

The IRS does not care about a local court order.  They go by Federal tax law that requires that the child must actually physically live with you more than half the year in order to claim the child unless the parent that lived with the child release the child's exemption and child tax credit to the other parent with a signed 8332 form.  

If the parent that lives with the child violates a court order to do provide that release, then the remedy is with the local court to enforce the order, the IRS will not get involved.  The EIC, HOH and child care credits can never be released  - only the parent that the child lived with can claim those credits. 

If you claimed credits that require that the child lived or required that you mailed in a 8332 form,  then the IRS can ask you to provide proof that the child did live with you and not the other parent.

[Taise2]

Omg 😮 unbelievable my 15 month old son live with me since he was born and  I let his father claim him last year and this year last year he gives me $2000 this year nothing not even a penny so unfair.. my boyfriend and I don't even live together my son lived with me I do everything.. only one thing his a wonderful father so what can I do now I don't want him to claim our son anymore 😢☹️

[Briyya]

Claim your child & show proof that he lives with you if needed. That simple.

[Miish]

How am I supposed to prove it ??? Not simple. Have people write letters? Is that proof? 

[CatinaT1 · Accepted solution]

Here are the records that can be kept or submitted, depending on your situation, to document the residency of qualifying children for the earned income credit and/or Head of Household.

• School records or statement.
• Landlord or property management statement.
• Health provider statement.
• Medical records.
• Child care provided records.
• Placement agency statement.
• Social service records or statement.
• Place of worship statement.
• Indian tribal official statement.
• Employer statement.

[Kalliecfornia]

I’m in the same boat and it’s ridiculous. 

[ChristinaMichelle09]

What kind of statement would I need from my employer to show proof of residency for my child 

[LenaH]

The IRS is looking for a statement with proof of residency that the child lives in the same home as you for more than half the year. 

The letter must show:

• The name of the child's parent or guardian.
  • The child's home address. The address must match yours.
  • Dates when the child lived with you.

If your employer cannot provide you a letter, they ask you to send us copies of:

• School, medical or social services records.
• Letters on official letterhead from a:
  • School
  • Healthcare or medical provider
  • Social service agency
  • Placement agency official
  • Indian tribal official
  • Landlord or property manager
  • Church, synagogue, mosque or other place of worship

Please see the IRS link What to Do if We Audit Your Claim.

@ChristinaMichelle09