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I have the form from Hamilton County Superior Court No. 1, that states I have full custody now and my Daughter has been living with me since. I paid child support until January 8, 2018, which the former Guardian received and kept. Please help on this.
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1. Make sure your daughter meet all criteria to be claimed as a dependent.
Who can I claim as my dependent?
2. If someone else claimed your dependent inappropriately, and if they file first, your return will be rejected if e-filed.
You would then need to file a return on paper, claiming the dependent appropriately. The IRS will process your return and send you your refund, in the reasonable time. Shortly (up to a year) after that, you'll receive a letter from the IRS, stating that your dependent was claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake, do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply on time.
If you entitled to claim a dependent you would get the tax benefits; not entitled filer gets to pay the IRS back with penalties and interest.”
I have temporary guardianship for my 3 granddaughters since 10/20/19. They were living with me since August, 2019. There mother past away on October 29, 2019. The father did not have the children at all for the past 2 years but he is claiming the children as dependence. What should I do?
If someone else claimed your dependents inappropriately, and if they file first, your return will be rejected if e-filed.
The children would fall under the qualifying relative criteria since they did not live with you more than half the year.
Relatives who don't have to live with you.
A person related to you in any of the following ways doesn't have to live with you all year as a member of your household to meet this test.
Your child, stepchild, foster child, or a descendant of any of them (for example, your grandchild). (A legally adopted child is considered your child.)
Your brother, sister, half brother, half sister, stepbrother, or stepsister.
Your father, mother, grandparent, or other direct ancestor, but not foster parent.
Your stepfather or stepmother.
A son or daughter of your brother or sister.
A son or daughter of your half brother or half sister.
A brother or sister of your father or mother.
Your son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law.
You would then need to file a return on paper, claiming the dependent appropriately. The IRS will process your return and send you your refund, in the reasonable time. Shortly (up to a year) after that, you'll receive a letter from the IRS, stating that your dependent was claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake, do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply on time.
If you entitled to claim a dependent you would get the tax benefits.
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