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Claim a noncustodial child on taxes

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canoso1751

Junior Member
What is the name of your state (only U.S. law)? Mississippi

Kids dad is now custodial parent of stepson as of this year . Father stated in court he had not filed taxes since 2005. That means no proof of income for sole proprietorship. We can document that we pay more than half of sons support.

We need proper tax docs. to submit with FAFSA application for collage and I can use my IRS docs. with son as dependent.

Father resist's signing the proper IRS docs. to release his use of deduction. What are the liabilities in claiming stepson as dependent ?What is the name of your state (only U.S. law)?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Mississippi

Kids dad is now custodial parent of stepson as of this year . Father stated in court he had not filed taxes since 2005. That means no proof of income for sole proprietorship. We can document that we pay more than half of sons support.

We need proper tax docs. to submit with FAFSA application for collage and I can use my IRS docs. with son as dependent.

Father resist's signing the proper IRS docs. to release his use of deduction. What are the liabilities in claiming stepson as dependent ?What is the name of your state (only U.S. law)?
This child is not yours and does not live with you. You have not rights to claim this child. I have just as much a right to claim this child as you do.
 

davew128

Senior Member
This child is not yours and does not live with you. You have not rights to claim this child. I have just as much a right to claim this child as you do.
Well....presumably we're talking to someone who is married to the child's mother since he's mentioning father not signing an 8332.
 

LdiJ

Senior Member
That is the presumption, dave...;). You never know...
The OP also said stepson...and once a stepchild always a stepchild as far as the IRS is concerned...and a stepchild is a legitimate dependent if all the other tests are met.

You cannot equate family law to tax law.

Now, stepdad said that dad is custodial parent as of THIS year...which happens to be 2011. Therefore, Tigi you don't know that the stepson did not live with the stepfather in 2010. Its quite possible that the child did. Of course mom probably lived there too, but a stepchild is still a legitimate dependent if the other tests are met.
 

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