Tax Question

Discussion in 'The Loafing Shed' started by Buffy, Feb 5, 2009.

  1. Buffy

    Buffy New Member

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    If two people have a child together, but don't live together, who gets to claim the child on their taxes?
     
  2. Peggy Sue

    Peggy Sue New Member

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    whoever the child lives with!! or whoever the court states claims the child
     

  3. Buffy

    Buffy New Member

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    That's what I thought.
    Here's a bit of background.

    Hubby and I have been off and on for past year, but he's lived with me for past year and a half. He has his own house and we each claim head of household. Well this is the first year for baby.
    Anyway, the hubby just found out that I was going today to get my taxes done and sent me a text saying, "by the way, I did my taxes this weekend and claimed the baby"

    I am SO flippin ticked off right now. I can't even type what I would do if he were here right now. :slapfight:
     
  4. Blueyz2

    Blueyz2 New Member

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    last year when I filed my taxes my divorce wasnt even started yet and they told me that the person who can claim the children is the parent that they live with otherwise that parent must give WRITTEN permission for the other parent to claim them/one. So since he lives with you he shouldnt have been able to claim him. And the H&R Block in Plano told me that!
     
  5. Buffy

    Buffy New Member

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    And that's where I'm going!

    So here's a big :th_flipoff: to my jackass of a husband! Who I love dearly, but will never be able to tolerate! *!*!*!*
     
  6. BUC

    BUC Administrator

    If he's already claimed him and you do too, you both will probably end up audited.
     
  7. Buffy

    Buffy New Member

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    But I have nothing to hide ??? (i don't think :angel:)

    He'd be the one to get in trouble for claiming when he's not supposed to.
    I should also add that I 'think' he's only saying this because he WANTS to claim the baby. But he never does his taxes until the end of March. Ever. :-
     
  8. Blueyz2

    Blueyz2 New Member

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    I bet you can ask them if hes already filed. That way if hes bluffing you can claim the baby. Does he also go to H&R Block? Even if he doesnt they might be able to find out ???
     
  9. Peggy Sue

    Peggy Sue New Member

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    Then you should be the parent claiming the child OR do like my ex and I did see who gets the biggest EIC and split the money that way LOL but if you aren't on good terms with him that wont' work
     
  10. Peggy Sue

    Peggy Sue New Member

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    if you both file and claim the baby then if the first one is one sent out already they will hold both refunds until it is straightened out :mad:
     
  11. equusteacher

    equusteacher New Member

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    If the child lives with you as it's primary residence then you have the right to claim it.
    I'd go ahead and claim it. Then, the IRS wil question both of you and the faulty one will have to make adjustments.
     
  12. ihave3

    ihave3 New Member

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    Buffy did he have the babies SS# if he didn't then he didn't claim the baby since you have to have the SS#. I would claim the baby there might be a delay in your refund until it gets straightened out. Good Luck
     
  13. equusteacher

    equusteacher New Member

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    also, I'd be filing for temporary custody ASAP! there should be no gray areas where a child is concerned until the final custody agreement / divorce agreement can be worked out.
     
  14. MARE RUN

    MARE RUN New Member

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    Hey Buffy,
    You are still married. IRS does not care where you or hubby lay your pillow at night. You have the option to file as a couple or married filling separate. You can not both claim or split the babies receipts. Audit would proably go to you ....baby with Mom and you would have the care and expense receipts. Try to have him delete the deduction or reach a compromise. If you were the total custodial parent you would get the tax credit.
    Staying warm out in this cold??
     
  15. MARE RUN

    MARE RUN New Member

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    Hey Buffy,
    You are still married. IRS does not care where you or hubby lay your pillow at night. You have the option to file as a couple or married filling separate. You can not both claim or split the babies receipts. Audit would proably go to you ....baby with Mom and you would have the care and expense receipts. Try to have him delete the deduction or reach a compromise. If you were the total custodial parent you would get the tax credit.
    Staying warm out in this cold??
     
  16. Buffy

    Buffy New Member

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    Well the more I think on it, the more I think he said this so I wouldn't claim before he could...

    One of the things he said is that he has receipts ??? (while talking about who spends more on his care). The only thing he pays for is the child care. One of the things the sitter said when we first hired her was that we had to pay in cash, cuz she doesn't file taxes on sitting.

    I said he LIVES with me AND I provide his insurance, AND all his medical bills are in my name and come to my house. He lives with ME? What part of me being the custodial parent does he not get?

    On another forum, Rachel posted a link to the IRS rules on establishing a dependent. I want some of what my husband is smoking! :th_afrique:

    ETA:

    And to answer some questions -
    *I* have possession of the SS card, but I think he has the number...?
    We're talking about going to marriage counseling, so there's nothing set in stone about divorce... yet.
    Susan, I'm only working one day a week - so yeah, I'm staying pretty warm! ;)

    And some unasked questions -
    When I say the hubby and I have been on again, off again, every time we're off, he's staying at his own house. In the past 6 months, he's probably spent at least 2 1/2 of them out at his place. I try not to talk about it too much anymore, cuz I feel like an ass when I post about it and then we talk things thru ::)
    ALSO, he has never, ever, EVER (ok ONCE) financially contributed to my household while he lived here. So I REALLY want some of whatever he's smoking!
     
  17. MyTeDun

    MyTeDun Senior Member

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    I would go ahead and claim the baby----- How many men would know their childs SS#? He can't use the child care since it was paid in cash with an agreement and the child lives with you. Does he have a bedroom set up for the baby at the other house? There's no way he can prove the baby lives with him, besides that I don't think he filed yet?
     
  18. equusteacher

    equusteacher New Member

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    That's true, IF he does claim child care, he's only setting up your provider to be audited and get in deep shit for NOT claiming herself.!
     
  19. Buffy

    Buffy New Member

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    Well, it's done. I claimed him. Talked to the sitter. She does NOT give him receipts for anything. And in order for him to claim that, he would need the sitter's SS#. She says, "NOT going to happen!"
    And she also told me not to worry. She's certain that he hasn't filed his taxes yet ;)
    And she's sorry she told him that the reason I dropped baby off to her today for 2 hours was so I could get my taxes done. She assumed that he was going to be paying for it and didn't know it was going to cause an issue.
    So it's all good. I freaked for nothing.
    And to all who sent the good tax vibes (from the other thread) thank you, thank you, thank you, thank you!!!!!!!!!!!!!! *!*!*!*
     
  20. Horsemommy47

    Horsemommy47 New Member

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    Um...my husband has his son's SS# and two cards..We ordered them after the bitch refused us the info when he lived with us for 4 years.


    That is good news Buffy.