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Dependent claims on taxes?
I am going to have a son soon and currently do not live with the mother. She lives with her parents who want to claim our child as a dependent on taxes. However, I wish to claim my child as a dependent as well, even though the mother does not work and the child will be living with her. I currently live with my mother who needs him as a dependent on her forms. Can I claim my son while I am working but not housing him even though I am the only working parent of the child? Thanks.
10 Answers
- JudyLv 78 years agoFavorite Answer
Who will the baby live with? If with the mother,then the mother has the right to claim the baby, or iher parents do if they live with her parents. No you can't claim him
If he isn't born by 12/31, NOBODY claims him for this year.
- 8 years ago
The exemption goes to the parent with physical custody. That would be the mother in this case. If the mother does not claim the child, her mother -- the grandmother -- almost certainly can.
If you and the mother provide more than half of the child's support between you -- very unlikely given the details that you have posted -- she could give you a completed Form 8332 that you'd attach to your return. That would get you the exemption and the Child Tax Credit ONLY. The EIC and any other tax benefits remain with the custodial parent.
Your mother can NOT claim the child under ANY circumstances as the child did not live in HER home.
- StephenWeinsteinLv 78 years ago
First, if any parent of the child can claim the child, or any person who lives with the child can claim the child, then anyone who does not live with the child cannot claim the child. Your mother cannot claim the child, because the child does not live with her and can be claimed either by a parent or by someone who lives with the child.
Ordinarily, if anyone lives with the child and can claim the child, then anyone who does not live with the child cannot claim the child. That would mean that you cannot claim the child. However, if a parent who does live with the child signs a particular form, then the other parent can claim the child (even if that parent does not live with the child). If the mother signs this form, then you can claim the child. If she does not sign this form, then her parents can claim the child, and you cannot claim the child.
- troLv 78 years ago
no and your mother cannot either
if the child is born before Dec. 31, and the mother is living with her parents who are providing for her(she has not provided more than 50% of her own support) the mother's parents will claim the child
obviously you are both minors and dependents which means as dependents you cannot claim a dependent
- rtfmLv 78 years ago
Only the CUSTODIAL parent has the right to claim the child. The only way the NCP can claim a child is if the CP gives them a signed IRS Form 8332 giving them permission to.
If the custodial parent is a dependent herself, then whoever is claiming her can usually also claim the child.
Your mother may think she "needs" the child as a dependent, but she is absolutely NOT legally allowed to claim him. Don't let her try.
- Anonymous8 years ago
Based on the information, you CANNOT claim the child. The mother CANNOT signt he form 8332 as you don't meet the minimum requirements. Without the form, you, as the non-custodial parent, CANNOT claim your son. Your mother was never eligible.
The 8332 form has a prerequisite that the parents (you and the child's mother) must provide more than 1/2 of the child's total support. Since the child is going to live the maternal grandparents, you won't meet that test. Since the mother and child will live with her parents, they can and will claim him.
- SlickterpLv 78 years ago
You can't both claim the child, and if the child doesn't live with you, you're out of luck. The child will live with them, and they support the mother and the child, and hence get the claim.
Your mother certianly can't claim the child.
The chidl doesn'thave to live with the grandparents the whole year. Form borth to end of year, the child will live there. The child's mother is a dependent of the granprents, and thus by extension, so is the grandchild.
- A HunchLv 78 years ago
When the child is born, you need to go to court and get a formal child support and custody agreement. This will outline who is able to claim the child and who is not.
Since the child is not even born yet, it's hard to say who will have rights to claim the child for tax purposes.
- According to the IRS, the parent the child lives with for more than 6 months is the parent that can claim the child. If the child support decree says something different, the parent whom the child lived with is required to file IRS form 8852 on an annual basis. If you child's mother does not work, there is no reason for her to claim the child.
- If the child lived with someone for the full year and was supported by that person (in this case, probably the grandparents), yes, they have rights to claim the child if the parent doesn't. But it has to be the full year (or full year the child was alive since this child will be probably born during a partial year).
- Anonymous5 years ago
Your mom cannot claim you anymore unless you are a full time student... since your gross income exceeds the allowable amount. If she does, you might be inviting an IRS audit letter. File your own taxes. Email me on my site for more info. Insurance will be affected as far as I know. S.Khanna, EA
- coraannLv 78 years ago
You cannot claim the child if he does not live with you.
However, you will be able to claim the child support payments on your tax return.
The court will decide how much you will pay.
Your parents would not be able to claim anything.
Source(s): Knowledge.