Sunday, January 17, 2010

Who claims the child as a dependent for taxes, where neither parent has custody and pays no support?

We have had a baby since July. We were granted permanent guardianship in October. The father has not paid any support. We started to recieve SSI for the child in December. The father called wanting the ss# for the child so that he can claim him on his taxes, his thinking is that he is the father. Who can claim this child ?Who claims the child as a dependent for taxes, where neither parent has custody and pays no support?
The one who has the least fear of the IRS.





';The father'; cannot claim a deduction for a child he is not supporting...at least not legally. If YOU claim the same child, you WILL both get audited, and whomever cannot prove that they have been supporting the child will be in trouble.





If neither of you have actual custody of the child and have been providing for it, neither of you can claim a dependent deduction. Having a kid does not give you you the deduction, taking care of one does (which is why foster kids and relatives of minor age can be claimed).Who claims the child as a dependent for taxes, where neither parent has custody and pays no support?
you can,not the father.don't give it to him and contact the irs with this information.
The person who is providing over 50 % of the childs care and needs can claim the child. You maybe required to prove this.


Tell the father your claiming the child since he pays nothing.
I would think he is your dependent. Do not give the dad the SS# until you talk to an accountant or an attorney to make sure.
Whoever has custody of, and supports the child. Basically, the people on whom the child is dependent. If he had custody of the child up until July, he can claim him up to July. Subsequently, you can claim him from July onward. Neither of you can claim the child as a dependent for the whole year.
if the father did not provide income for the child then he can not claim him
It all depends if you have a court order that says that you have sole physical and legal custody of the baby then you would claim the child. If there is no court order but neither parent has the child and pays no support since July then whomever has raised the baby since July would claim the child. It also depends on how old the baby is. If the baby was born in 07 who ever has had the child for the longest would claim the baby. So if the baby was born in Jan of 07, then if the mom had the baby from Jan to July she would actually be able to claim the baby for this year, if the baby was born Feb or later in 07 then you would claim the baby. Make sure that if mom or dad calls and wants the SS# of baby from you do not give it to them because then they will claim the baby and you will not be reimbursed for taking care of the baby for this year. Also, if you do have the court order giving you custody that order is what goes, at that point it would not matter who has raised the baby the longest or any of that other stuff but you need to make sure that the order states that you have sole physical and sole legal custody of that baby. Now, if your a foster parent you may want to check with your case worker for that child to make sure that you can claim the child, because technically the child belongs to the state where you live and I'm not sure if that would give you the right to claim the baby. Good luck

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