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Hello and thank you for using the Just Answer website. I look forward to assisting you today. I assume you are referring to claiming your child on your federal taxes. Is this correct? Are both of you the child's legal parents/guardians?
If you are not a legal parent and the mother is not filing taxes because she makes too little in income to be required to pay taxes, you can claim the child as a dependent if the child lives with you and did for all of last year and if you paid over 50 percent of the expenses for the child. In terms of proof, proof of expenses and proof that the child did not live with you and that the mother earned no income would be sufficient.
Please let me know if this has answered your question.
As long as you have some type of proof but as long as the mother is not supposed to be filling out tax returns and as long as she does not qualify to claim him, you should be fine. If the child receives governmental assistance, you have to factor that in when determining whether you paid more than 50 percent of his living expenses.
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