Proof of Custody

[alwaysdrama]

Mississippi

I received a letter from the IRS stating that my sons father claimed him on his 07 tax return. We were never married therefore no custody order was ever issued- only child support order through DHS. He lived with his dad for 5 months in 07 in which I provided TOTAL financial and mental support to my son during this time until his dad literally kicked him out. My son is 16 now and has lived with me all of his life except for the few months in 07. The ONLY support I we have ever received from him is the $200/month child support. What do I need to do or get in order to provide this proof to the IRS? Please someone help...any advice is appreciated as I have never had this problem before.

[IrishLady47]

If your son lived with his father 5 months in 2007 and lived with you for 7 months in 2007, the IRS will consider you the custodial parent.

You may need school records showing change of address, etc.

Do you change the CS through the court for those 5 months or did you handle informally between yourselves? If you changed the court order & then changed it back, the dates in the court orders should also substantiate that your son lived with you the greater part of the year.

Did you call the IRS (I'm sure there was an 800 # on the letter somewhere) and ask what type or types of documents are accepted as proof that the child resided with you?

[LdiJ]

Originally Posted by IsabellaSoriano

the child support order should be able to determine custody since dad was paying you (in most cases anyway. was son enrolled in your school district with your address as primary parent?

wait around or check back later for a few other senior posters, we have a tax specialist who is a remarkable source of info in regards to this stuff. LDiJ. she's probably enjoyng her thanksgiving weekend so do be patient. most may not respond for the entire weekend.

You have already received some good information but I will add some. You need to provide a photocopy of the child's birth certificate to prove that you are the child's mother. You need to provide school and medical records showing that the child resided at your address. Child Support records showing that you are the payee is also helpful.

Dad will have to provide the same sort of information.

You also need to add a cover letter explaining that the child has lived with you his entire life, with the exception of 5 months in 2007 living with dad.

However, if you have only recieved the "make sure that your dependent is your dependent and file an amended return if he is not" letter, then it is not absolutely necessary to respond at this time, (although you can) as dad may check the rules and realize that he is the one in the wrong, and may amend HIS return.

If dad does not however, the next letter will be the one where you will absolutely need to respond with the above information.