What happens when two people claim the same child?
Don't waste time on the support issue. The law was changed a few years ago and it does NOT make any difference which one of you provided more support. The rules for qualifying child state only that the child themselves do not provide more thn 1/2 of their own support. In essence, if there is no written agreement or form 8332, it defaults to the custodial parent. http://www.irs.gov/newsroom/article/0,,id=133298,00.html
by Dhack40 - 11 hours ago
He had no right to claim his daughter without a signed form 8332 from the custodial parent. Prepare to repay the money. The sooner, the less interest you'll have to pay. Let IRS know you made a mistake so they'll not think he did this with the intent of fraud. That would disqualify him from claiming EIC for many years.
by Sharon T - 11 hours ago
Only custodial parent can claim the child. It does not count who is paying child support. The custodial parent is the parent with whom the child lived for the longer period of time. The other parent is the non-custodial parent. Also, non-custodial parent can claim the child only if the custodial parent signs a release Form 8332 or there is a court order meeting the IRS requirements.
by Jss - 11 hours ago
don't let rumored stories you have heard about IRS scare you, they are just rumors. Did IRS actually name the person that claimed the child, I think not, so you are just assuming. If your husband can proof he provided over half of the support, has doctors records, school records etc showing his address as the child address then he would be able to claim the child, but since the child doesn't live with the father then the father should just respond to IRS that he can't claim the child, explain in a letter that he was given permission by the mother of the child to claim the child. Just let IRS remove the child from his tax return and then if it comes out that he owes IRS, then set up an installment agreement with IRS if he can full pay the amount he will owe, or maybe his refund will just be less that anticipated at first. So if he has proof send it to IRS, if he can't prove he can claim the child, just let IRS he can't claim the child. The letter explains how to take care of the issue. If he needs more assistance he can call the phone number listed on the letter. good luck.
by Ms. Angel.. - 11 hours ago
without the signed waiver from the mother of the child, you don't have much chance on a verbal agreement if the child lived with the grandparents and more than likely they can prove more than 50% of support for the child, even paying child support, will be a difficult thing to prove the father provided more than 50% support the parent the child spends the majority 'nites' is the one to claim the exemption and when there is a close conflict it is always very important to get that waiver to justify that the parent who rightfully has the claim but is waiving it to the other spouse the form is available at www.irs.gov to prove the more than 50% support you would have to know the expenses of the grandmother, ie. rent, utilities, phone, insurance, food, clothes, entertainment etc. and if there are 4 or 5 in the household, the child would be 1/4th or 1/5th of the total
by tro - 11 hours ago
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