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Can my ex let somebody else claim my son if our custody agreement states that him and I are to alternate years?

 
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Accepted Solutions
DawnC0
Intuit Alumni

Can my ex let somebody else claim my son if our custody agreement states that him and I are to alternate years?

Probably not.  Your son is probably not a qualifying dependent of anyone besides you or your ex.   The IRS wants to know who the child spent the most nights with.  Technically, your ex or someone else could process a tax return claiming your son and get a refund.  However, if you are entitled to claim your son, whoever erroneously claimed your son would have to pay the money back and could be penalized.  So although it possible that someone who should not claim your son, does so, the IRS will take action against taxpayers who wrongfully claim a dependent.  Here are the requirements for claiming a child as a dependent on your tax return.  

https://turbotax.intuit.com/tax-tips/family/rules-for-claiming-a-dependent-on-your-tax-return/L8LODb...

You can claim a child, relative, friend, or 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 aren't claimed as a dependent by someone else.  
  • They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
  • They aren’t 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).
  • They didn't provide more than half of their own support for the year.

View solution in original post

5 Replies

Can my ex let somebody else claim my son if our custody agreement states that him and I are to alternate years?

Who does the child live with?
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

Can my ex let somebody else claim my son if our custody agreement states that him and I are to alternate years?

He lives with me. His father wants to let someone he lives with claim him because he owes back child support and the government would take that money to put towards that.

Can my ex let somebody else claim my son if our custody agreement states that him and I are to alternate years?

No.  Your ex's GF cannot claim your son.   Your son is not related to the GF so she cannot claim him unless he lived with her all year.   If you are the custodial parent, then as far as the IRS is concerned you are the one who can claim your child.  Whether you claiming him would result in your ex taking you to court is questionable.  But their plan to have GF claim him won't fly.
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

Can my ex let somebody else claim my son if our custody agreement states that him and I are to alternate years?

No.  ONLY the parent that the dependent was released to with a 8332 form can claim.  The 8332 release ONLY applies to parents - notbody else.
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
DawnC0
Intuit Alumni

Can my ex let somebody else claim my son if our custody agreement states that him and I are to alternate years?

Probably not.  Your son is probably not a qualifying dependent of anyone besides you or your ex.   The IRS wants to know who the child spent the most nights with.  Technically, your ex or someone else could process a tax return claiming your son and get a refund.  However, if you are entitled to claim your son, whoever erroneously claimed your son would have to pay the money back and could be penalized.  So although it possible that someone who should not claim your son, does so, the IRS will take action against taxpayers who wrongfully claim a dependent.  Here are the requirements for claiming a child as a dependent on your tax return.  

https://turbotax.intuit.com/tax-tips/family/rules-for-claiming-a-dependent-on-your-tax-return/L8LODb...

You can claim a child, relative, friend, or 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 aren't claimed as a dependent by someone else.  
  • They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
  • They aren’t 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).
  • They didn't provide more than half of their own support for the year.
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