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Claiming a Dependent

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Casey087

Member
:confused: Hello everyone,
I have a question that I need help with fast. My boyfriend has emergency temporary custody of his three year old son. He recieved this custody on July 15, 2005. For 11 out of 12 months of 2005 his son was living with him while he was paying child support. Even when he recieved custody he still had to pay child support. Now the babies mother has claimed him on her taxes even though she has not been supporting him at all. My boyfriend tried to file his taxes and they said that he couldnt claim the baby because she claimed him. Now my mom and dad were in the same situation with my older brother and my dad got to claim my brother because he was paying child support. Something seems fishy about this. I'm not sure what she did was tax fraud but my boyfriend should be the one to claim because he the primary care giver. I just need some advice. Thank you..:confused:
 


HomeGuru

Senior Member
Casey087 said:
:confused: Hello everyone,
I have a question that I need help with fast. My boyfriend has emergency temporary custody of his three year old son. He recieved this custody on July 15, 2005. For 11 out of 12 months of 2005 his son was living with him while he was paying child support. Even when he recieved custody he still had to pay child support. Now the babies mother has claimed him on her taxes even though she has not been supporting him at all. My boyfriend tried to file his taxes and they said that he couldnt claim the baby because she claimed him. Now my mom and dad were in the same situation with my older brother and my dad got to claim my brother because he was paying child support. Something seems fishy about this. I'm not sure what she did was tax fraud but my boyfriend should be the one to claim because he the primary care giver. I just need some advice. Thank you..:confused:

**A: who is the "they" in they said he couldn't claim him? Certainly not the IRS.
 

Casey087

Member
Sorry I must be confused I meant to say that the people at the online tax thing said that my boyfriend could not claim the baby because his mother had already done it....
 

HomeGuru

Senior Member
Casey087 said:
Sorry I must be confused I meant to say that the people at the online tax thing said that my boyfriend could not claim the baby because his mother had already done it....

**A: I'm sorry too.
 

LdiJ

Senior Member
Your boyfriend is the one who is legally entitled to the exemption. However, he won't be able to file his tax return online or electronically. He will have to file a paper return. It will take 4-6 weeks for him to get his refund.

Later on down the road the IRS will investigate. He should gather whatever documentation he can to prove that the child lived primarily with him.
 

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