Do I have any right to claim him? We ended up having him more like 60-70% of the year and I provided all support for that time. Even though they are court ordered to have him 50/50 there were many times that he could not take him or refused to. Now he wants to claim him because she didn't work, because she is staying at home with our 1 year old daughter.
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No.
You have no "right" to claim him. Support, alone does not determine who can claim a child. even if you had been able to claim him as a dependent (see full rules below), you could not have claimed him as a "qualifying child" for EIC or Child tax credit or Head of Household filing status, because you are not related.
As previously mentioned, an unrelated person must have lived with you all year. That rule cannot be met in a "joint custody" situation.
The best bet is to let the father claim the child and ask him to share the largess. Otherwise the child's tax benefits go to waste.
DEPENDENT RULES
There are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, a relationship test and a residence test. Only a QC qualifies a taxpayer for the Earned Income Credit and the Child Tax Credit.
A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:
1. Closely Related OR live with the taxpayer ALL year
2. His/her gross taxable income for the year must be less than $4,050 (2016-17)
3. The taxpayer must have provided more than 1/2 his support
In either case:
4. He must be a US citizen or resident of the US, Canada or Mexico
5. He must not file a joint return with his spouse or be claiming a dependent of his own
6. He must not be the qualifying child of another taxpayer
No.
You have no "right" to claim him. Support, alone does not determine who can claim a child. even if you had been able to claim him as a dependent (see full rules below), you could not have claimed him as a "qualifying child" for EIC or Child tax credit or Head of Household filing status, because you are not related.
As previously mentioned, an unrelated person must have lived with you all year. That rule cannot be met in a "joint custody" situation.
The best bet is to let the father claim the child and ask him to share the largess. Otherwise the child's tax benefits go to waste.
DEPENDENT RULES
There are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, a relationship test and a residence test. Only a QC qualifies a taxpayer for the Earned Income Credit and the Child Tax Credit.
A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:
1. Closely Related OR live with the taxpayer ALL year
2. His/her gross taxable income for the year must be less than $4,050 (2016-17)
3. The taxpayer must have provided more than 1/2 his support
In either case:
4. He must be a US citizen or resident of the US, Canada or Mexico
5. He must not file a joint return with his spouse or be claiming a dependent of his own
6. He must not be the qualifying child of another taxpayer
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