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  1. #1
    Shr00m is offline Member
    Join Date
    Feb 2003
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    Who can claim on taxes?

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

    Me and my daughters mother were never married. We have join legal custody with her mother having physical custody(daughter lives with her a majority of the time). I have regular visitation every other weekend and wednsday nights along with 4 weeks of time I can schedule throughout the year. I pay child support regularly and am not behind.

    Can I claim my daughter on my taxes for 2008 since her mom claimed her in 2007? I've already finished my taxes but am in the process of filing an amendment that claims my daughter.

    (forgot to mention that her mother lives in Michigan)

    Thanks
    Jason
  2. #2
    CJane is offline Senior Member
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    Quote Originally Posted by Shr00m View Post
    What is the name of your state (only U.S. law)? Ohio

    Me and my daughters mother were never married. We have join legal custody with her mother having physical custody(daughter lives with her a majority of the time). I have regular visitation every other weekend and wednsday nights along with 4 weeks of time I can schedule throughout the year. I pay child support regularly and am not behind.

    Can I claim my daughter on my taxes for 2008 since her mom claimed her in 2007? I've already finished my taxes but am in the process of filing an amendment that claims my daughter.

    (forgot to mention that her mother lives in Michigan)

    Thanks
    Jason
    You can only claim the child as a dependent if the child lived with you more than 50% of the time AND receives more than 50% of her support from you.

    OR

    You have a court order stating you can claim the child on X years AND Mom has signed a form 8332 giving you the right to claim the child.

    If neither of those things are true, you cannot claim the child.
  3. #3
    xarmywife2009 is offline Junior Member
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    Indiana
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    I prepare taxes and this is the area that confuses people the most. There are two different ways to claim a child. 1 as a duduction 2. Earned Income Credit. The deduction can either be told my the court how to claim or if not the parents can make an agreement, or even the worste one "whoever files first". The second is more difficult because when you file EIC the main question is "how long did this child reside with you?" You can only claim the EIC if the child was with you 6 months and 1 day. A lot of people even with court orders will claim the child as a decduction but can't for the EIC. I hope this helps
  4. #4
    LdiJ is offline Senior Member
    Join Date
    May 2004
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    66,322
    Quote Originally Posted by Shr00m View Post
    What is the name of your state (only U.S. law)? Ohio

    Me and my daughters mother were never married. We have join legal custody with her mother having physical custody(daughter lives with her a majority of the time). I have regular visitation every other weekend and wednsday nights along with 4 weeks of time I can schedule throughout the year. I pay child support regularly and am not behind.

    Can I claim my daughter on my taxes for 2008 since her mom claimed her in 2007? I've already finished my taxes but am in the process of filing an amendment that claims my daughter.

    (forgot to mention that her mother lives in Michigan)

    Thanks
    Jason
    You better forget about that amendment, because you cannot claim the child.

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