Question

Temporary Custody & Income Tax

Forum|Forum|4 years ago
January 27, 2022
1 reply
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2020-2021 income taxes I need to file this year for 2022. My mother received temporary Custody last July 2021. I was pregnant and didn't have my daughter until April 10, 2021. From then til today I have made sure they have everything they needed whether it was asked of me or not as a parent I've done my part including spending my child tax credit on them and buying school supplies because I do have two other kids as well but specifically on my daughter's behalf bc she's never been filed on my taxes n haven't received anything as far as stimulus for her while pregnant I failed one drug test for dhr and was clean so on out til delivery was place on color code and after doing good two months failed one drug test that landed my mom with temp custody she has been completely evil towards me with my kids n kicked me out before failing the test. Before getting her to sign with me on a home plan I slept pregnant in all some nights on a friend's couch n in my vehicle and the entire pregnancy. After plotting her her plot to get me out the pic she only let me see them wen I had some for them or when my ctc check arrived to have her hand out. She tells me if I file my daughter for taxes after saying I could before the ctc started coming that she would be put away in prison because she knows I don't know much about legal stuff n feels I'll believe her if she says the dhr lady said it. But the last stimulus I received I ordered everything my daughter would need for wen she arrived to keep me off my feet bc I was so pre eclampted then n was supposed to stay on bed rest n really high risk, I just did the online shopping. If not for me n I do mean only me my daughter would not have not even a blanket, diaper , nor onesie to come home in. I don't understand why I can't as she says file my daughter. Can I? Does anyone know? Can someone show me me some proof I can go to get with before she is so selfish n files all three of my kids leaving me with nothing to go off of n I've even had a job n all for a little while.

X

xmasbaby0

Employee

Sorry----you have a long and confusing story but after reading it several times what I understand is that your newborn did not live with you for even half of 2021. It sounds like the baby was removed from your care and put in the care of your mother for at least half of 2021. That means your mother can claim the child on her tax return for 2021. If you both try to claim your child on competing tax returns, one of your returns will be rejected. And...if the IRS gets two tax returns claiming the child, you will both end up getting letters in about a year from the IRS and will have to prove who the child lived with in 2021.

You do not mention where the other children have lived during 2021. Did they also live with your mother? If so, then she can claim them on her tax return.

Try going through this tool from the IRS for who can claim a dependent:

IRS interview to help determine who can be claimed:

https://www.irs.gov/help/ita/who-can-i-claim-as-a-dependent

https://ttlc.intuit.com/questions/3113432-who-can-i-claim-as-my-dependent

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**