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joellagriffin
New Member

My daughter father claim her for eight years but she lives with me out of state for eight years can he claim her? Also he doesn't pay child support he gives me money every now and then can I file and amendment for the pass eight years if he was not suppos

 
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Hal_Al
Level 15

My daughter father claim her for eight years but she lives with me out of state for eight years can he claim her? Also he doesn't pay child support he gives me money every now and then can I file and amendment for the pass eight years if he was not suppos

You can amend for three years, unless there is a court order dated before 2009 or you gave him form 8332 (https://www.irs.gov/pub/irs-pdf/f8332.pdf) allowing him to claim the kids. You have until April 15, 2017 to amend 2013.

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 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. (without conditions - usually the payment of child support). 

 There is a special rule in the case of divorced & separated (including never married) parents. When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons. The tax benefits may not be split in any other manner.

Note in particular that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child, even when the custodial parent has released the exemption to him.

 So, it's good idea to let the other parent know that you will be claiming those items, as many first time divorced parents are not aware of this rule and may try to claim those items, which will cause the IRS to send out letters.

Ref: http://www.irs.gov/publications/p17/ch03.html#en_US_2014_publink1000170897

The money you hear about people getting for just filing a tax return claiming kids requires you to  have some earned income (wages or self employment). Without earned income, you are not eligible for the "refundable" Earned Income Credit or Additional Child Tax Credit.

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2 Replies
Hal_Al
Level 15

My daughter father claim her for eight years but she lives with me out of state for eight years can he claim her? Also he doesn't pay child support he gives me money every now and then can I file and amendment for the pass eight years if he was not suppos

Why didn't you claim them the first time you filed returns for  those 8 years, if he wasn't suppose to?
Hal_Al
Level 15

My daughter father claim her for eight years but she lives with me out of state for eight years can he claim her? Also he doesn't pay child support he gives me money every now and then can I file and amendment for the pass eight years if he was not suppos

You can amend for three years, unless there is a court order dated before 2009 or you gave him form 8332 (https://www.irs.gov/pub/irs-pdf/f8332.pdf) allowing him to claim the kids. You have until April 15, 2017 to amend 2013.

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 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. (without conditions - usually the payment of child support). 

 There is a special rule in the case of divorced & separated (including never married) parents. When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons. The tax benefits may not be split in any other manner.

Note in particular that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child, even when the custodial parent has released the exemption to him.

 So, it's good idea to let the other parent know that you will be claiming those items, as many first time divorced parents are not aware of this rule and may try to claim those items, which will cause the IRS to send out letters.

Ref: http://www.irs.gov/publications/p17/ch03.html#en_US_2014_publink1000170897

The money you hear about people getting for just filing a tax return claiming kids requires you to  have some earned income (wages or self employment). Without earned income, you are not eligible for the "refundable" Earned Income Credit or Additional Child Tax Credit.

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