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My ex-stepson

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revconn

Junior Member
I live in Arkansas and have been divorced for several years now. My ex stepson still lives with me and has since the divorce. My ex's ex was providing child support at 140 and it goes to me. Am I legally allowed to ask for more child support and who gets to claim him on taxes? The IRS says I'm not allowed to claim him because I am not a relative.

Thanks.

ConnWhat is the name of your state (only U.S. law)?
 


Proserpina

Senior Member
I live in Arkansas and have been divorced for several years now. My ex stepson still lives with me and has since the divorce. My ex's ex was providing child support at 140 and it goes to me. Am I legally allowed to ask for more child support and who gets to claim him on taxes? The IRS says I'm not allowed to claim him because I am not a relative.

Thanks.

ConnWhat is the name of your state (only U.S. law)?

Why not file for custody? That would give you the right to file for child support.

At the moment, you're lucky you're getting anything at all.
 

revconn

Junior Member
too old

He's ten months away from his 18th birthday. By the time I go for custody and support would the outcome be financially feasible. I really just want all this to end but need money. I have read on several places that I'm pretty much screwed on the taxes. Thanks for the reply.
 

Proserpina

Senior Member
He's ten months away from his 18th birthday. By the time I go for custody and support would the outcome be financially feasible. I really just want all this to end but need money. I have read on several places that I'm pretty much screwed on the taxes. Thanks for the reply.


Sounds like you're out of luck.

Neither parent legally owes you anything at this point.
 

LdiJ

Senior Member
I live in Arkansas and have been divorced for several years now. My ex stepson still lives with me and has since the divorce. My ex's ex was providing child support at 140 and it goes to me. Am I legally allowed to ask for more child support and who gets to claim him on taxes? The IRS says I'm not allowed to claim him because I am not a relative.

Thanks.

ConnWhat is the name of your state (only U.S. law)?
Actually, the bolded is untrue. A qualifying relative does not actually have to be related to you under the tax code. However they must be someone who has lived in your home for the entire year and they must earn less than their normal exemption. You also don't get any child tax attributes for the person. You simply get the dependency exemption. If you are lower income the dependency exemption might not mean much.

Please give more detail regarding your legal custodial status regarding the child.
 

Proserpina

Senior Member
Actually, the bolded is untrue. A qualifying relative does not actually have to be related to you under the tax code. However they must be someone who has lived in your home for the entire year and they must earn less than their normal exemption. You also don't get any child tax attributes for the person. You simply get the dependency exemption. If you are lower income the dependency exemption might not mean much.

Please give more detail regarding your legal custodial status regarding the child.


That's a good point - the dependency exemption. Had forgotten about that...thanks for the reminder!
 

TinkerBelleLuvr

Senior Member
Ldij, I remember teaching that once a marriage establishes a relationship, a divorce does NOT sever it. If the child is just shy of 18, they wouldn't qualify for the child tax credit anyway.

Where I'm going with this is the education credit ... would the OP qualify?
 

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