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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22771
Experience:  Taxes, Immigration, Labor Relations
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My husband filed for a divorce, we were separated 9 1/2 out

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My husband filed for a divorce, we were separated 9 1/2 out of the 10 years we were married. For the most part he paid my rent and some of our sons medical bills and needs. My boyfriend of 9 years has paid more than my "soon to be" ex and has been consistent the entire time. My ex has been in and out of work with fluctuating income(sometimes none), and very inconsistent. My son has special needs and requires a lot! A lot of attention and expenses. I do not work so I can be there for him 24/7, he has always lived with me 100% of his life. He is now 10 years old. As soon as my ex filed for a DV he completely stopped paying for anything, knowing how much our son needs and school registration was coming up, basketball registration, school clothes, dr bills, speech, etc.. You see, when he was paying our rent and some of my sons needs he was paying way more then he would of had to if it court ordered child support. When he did our taxes he got 6000.00 back and didnt give me a dime. He said he used all of it to pay for the previous years taxes(when he made more income). I had to catch him in order to find all of this out, he was hiding it from me and even forged my signature. I let this go. Anyways, my question is can my boyfriend claim my son this year coming up since he does pay more? We do not live together and my ex and I will still be considered married. My BF has all records for the past 9 years to prove how much he has contributed to us including my 19 year old daughter (shes in college, different father). If not, what would you suggest I do in order to claim my children? We could really use the tax break or return since my ex isn't helping out at all. By the way, he always claimed us and my attorney told me I can since my son lives with me 100%. Im going to start claiming him now. I've also applied for SSI for my son so that should help with my sons needs(hopefully).
Submitted: 3 years ago.
Category: Tax
Expert:  Lev replied 3 years ago.

LEV :

Hi and welcome to Just Answer!
Please find here rules for claiming a dependent:

LEV :

For your boyfriend to claim a person as a dependent – that person must be either his qualifying child, or qualifying relative.


Here are Tests To Be a Qualifying Child


1.The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.


2.The child must be (a) under age 19 at the end of the year and younger than you (or your spouse, if filing jointly), (b) under age 24 at the end of the year, a full-time student, and younger than you (or your spouse, if filing jointly), or (c) any age if permanently and totally disabled.


3.The child must have lived with you for more than half of the year.


4.The child must not have provided more than half of his or her own support for the year.


5.The child is not filing a joint return for the year (unless that joint return is filed only as a claim for refund).


Because your boyfriend is not related to your son – your son may not be his qualifying child.


Here are Tests To Be a Qualifying Relative:


1.The person cannot be your qualifying child or the qualifying child of any other taxpayer.


2.The person either (a) must be related to you in one of the ways, or (b) must live with you all year as a member of your household2 (and your relationship must not violate local law).


3.The person's gross income for the year must be less than $3,650.


5.You must provide more than half of the person's total support for the year.


#1 would be satisfied if your son is not the qualifying child of any other taxpayer. Assuming only you live with your son and you do not work and actually are a dependent yourself – that test is satisfied.
#2 and #3 seem as satisfied – please verify.
$4 – is critical – it is satisfied only if your boyfriend provided more than half of your son’s total support for the year.
So as long as all these tests met – your boyfriend may claim your son as a Qualifying Relative (but not as a Qualifying Child).

Customer:

Hi, thanks for the info. I didn't think my boyfriend could claim my son, just checking since he has supported us more. What would you suggest I do in order to claim both of my children. Legally I can, I just don't have a job. What would be the best way for me to get a good tax return, like my ex? If I dont claim my kids he will and will not give us a dime. I really dont want to file another motion to get him to pay. Its hard enough to get him to pay anything, hes working it big time. Most of his income is under the table and I cant prove it. I really let it go, we may have to struggle but we'll make it. Maybe a p/t job? It will be VERY difficult because of my son. I tried that before. I dont think my sons SSI is taxable. My daughter works p/t and is a f/t college student.Could we use her income? She likes us claiming her with a low income because she now qualifies for college grants. My boyfriend mentioned he could hire me to do anything really. I just dont think it would be a good idea to have him listed as my employer.

LEV :

Under the IRS rules the custodial parent is the parent with whom the child lived for the greater part of the year. The other parent is the noncustodial parent.


The IRS will award dependency exemption to the custodial parent.


The custodial parent may release the claim to the noncustodial parent by signing the form 8332 - http://www.irs.gov/pub/irs-pdf/f8332.pdf - should be filed with the noncustodial parent's tax return. The non-custodial parent should obtain that form signed by the custodian parent for specified years.
According to your information - you are a custodial parent and your spouse is the noncustodial parent. Thus in order for him to claim a child as a dependent - he must obtain a signed from 8332 and attach it to his tax return.

Customer:

We have always filed married jointly and he claimed the children and I. This year I will file married separate and claim the kids. Although I have no taxable income . What would you suggest I do?

LEV :

If you do not have any income - there is no reason for you to file a tax return - you will not get any refund.
From tax prospective - it might be more beneficial to file a joint tax return and split the refund – as you both agree. In case of disagreement – your possible refund will stay in the IRS’s account.

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22771
Experience: Taxes, Immigration, Labor Relations
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