Question

What happens when two people claim the same child?

So last year my husband (fiance at the time) filed and claimed 2 dependents, our son together and his daughter from a previous relationship (they have 2 children together and she has 3 children total). He certainly had permission from her but nothing in writing. Well last week we received a letter from the IRS stating that someone else had also claimed the child. He called and confirmed with his ex that her mother had also claimed their daughter (his ex and her 2 children live with her mother). She is now claiming that he claimed their daughter without permission. What are we to do? The letter states that if the social security number is correct and you believe you are the one with a right to claim the dependent to do nothing. But we really don't want to just sit here and wait to hear what will happen. Does anyone know what happens next? Should we contact a lawyer? What are the chances that we are in the wrong?


He did call her on two separate occasions to confirm her permission and to get the social security number of their daughter but we have nothing in writing. He pays child support and can proof so with receipts and check stubs for the entire year. Is her mother allowed to claim her child on her taxes? Yes, the child lives with the grandmother but she doesn't support them financially other then letting them live there. The ex worked in 08 and was on state aid for medical and food stamps. We are thinking that since the grandmother claimed her we can certainly prove we provided more financially for the child then the grandmother can but are just worried about what is going to happen since the IRS is scary lol. Any advice or knowledge would be greatly appreciated. Any sites that may help us understand upcoming steps the IRS will take or personal stories would be amazing. THANKS.
I looked it up on IRS page and found this ---- If a child is claimed as a qualifying child by two or more taxpayers in a given year, the child will be the qualifying child of:

* the parent;
* if more than one taxpayer is the child’s parent, the one with whom the child lived for the longest time during the year, or, if the time was equal, the parent with the highest AGI;
* if no taxpayer is the child’s parent, the taxpayer with the highest adjusted gross income (AGI).
What would that waiver form be called? And can I have her sign it after this has happened?

4 years ago - 7 answers

Best Answer

Chosen by Asker

Verbal doesn't speak very loudly.

If you want to battle granny, I'll tell you now that she holds the high ground. That means it's an uphill fight. Very difficult to win this battle.

Save yourself the headache on this battle and file an amended tax return taking the dependent off.
An amended return is completed on form 1040X.

I recommend that you get some professional help filing this.

Source(s):

4 years ago

Other Answers

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 - 4 years ago

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.

www.irs.gov/newsroom/article/0,,id=...

Source(s)

by Dhack40 - 4 years 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 - 4 years 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.. - 4 years 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.

Source(s)

by Jss - 4 years ago

If the child lived with grandmother she's the one that gets the exemption, but only if she paid more than 50% of child's support. In other words it may be that none of you can claim the child. Please see the instructions for form 1040.

If you claimed an exemption you weren't entitled to you should amend your return by filing for 1040X.

Hope that helps,
www.pdftax.com/

by TaxRef - 6 months ago