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Forum|Forum|6 years ago
December 17, 2019
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My husband & I were granted custody of my husband's biological daughter in Dec of 2018, we are afraid her mother will try to claim her on her taxes. How can we prevent this from happening?

Dependents

Best answer by Vanessa A

You can't necessarily prevent her from filing and claiming her. This doesn't mean she will be successful in claiming her.

Many times what will happen is the noncustodial parent will claim the child. If they filed their return first then the custodial parents' return will be rejected when they try to claim the same child. This will cause the custodial parent to have to print and mail their return. The IRS will then use the Tie Breaker Rules to determine who gets to claim the child for the various credits one can receive when claiming their children.

If your husbands' daughter lived with you for the entire year then her mother would not be eligible to claim her.

Critter

Employee

There is nothing you can do to prevent the other parent from claiming the child ... so if your efile is rejected for this situation all you can do is mail in the return to assert your claim to the child. Then expect an IRS letter sometime in the next year asking for the person who made the mistake to amend their return. If you have any contact with the other parent you may want to discuss this and explain you have the right to claim the child so the other parent knows and everyone can avoid a mess later.

V

Vanessa AAnswer

You can't necessarily prevent her from filing and claiming her. This doesn't mean she will be successful in claiming her.

Many times what will happen is the noncustodial parent will claim the child. If they filed their return first then the custodial parents' return will be rejected when they try to claim the same child. This will cause the custodial parent to have to print and mail their return. The IRS will then use the Tie Breaker Rules to determine who gets to claim the child for the various credits one can receive when claiming their children.

If your husbands' daughter lived with you for the entire year then her mother would not be eligible to claim her.

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T

TomD8

Employee

Assuming you're asking about tax year 2019: if the child lived with you and her father all of 2019, in the eyes of the IRS you are the custodial parents for 2019. The right to claim a child as a dependent belongs to the custodial (by IRS definition) parent , unless voluntarily relinquished.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

Carl11_2

Employee

My husband & I were granted custody of my husband's biological daughter in Dec of 2018

When it comes to taxes, when you were granted custody is totally and completely irrelevant. The IRS is not bound by your court order on this in any way, form or fashion. The IRS adheres to and enforces federal tax law. The only legal authority that can over ride that law is a federal judge. Since federal judges do not deal with custody cases, I can tell you with 100% certainty that will never happen. So here's how this works.

The below is straight from IRS Publication 17.

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 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 must not be filing a joint return for the year (unless that return is filed only to get a refund of income tax withheld or estimated tax paid).If the child meets the rules to be a qualifying child of more than one person, only one person can actually treat the child as a qualifying child

As you can see by item #3 above, if the child did not physically live in your household for at least 182 nights of the tax year, then you do not qualify to claim that child as your dependent. Period. It doesn't matter when you were granted custody. It onl y matters what you can prove to the IRS concerning item #3 above. So the mother very well may qualify to claim the child as her dependent.

we are afraid her mother will try to claim her on her taxes. How can we prevent this from happening?

Bottom line is, you can't prevent anything. But if both parties claim her, then both parties will be audited anywhere from 24 to 36 months after you file. The losing party (which very well may be you, but I don't know that for a fact) will pay back some taxes long with interest and penalties.