Question about filing dependants

[rushfan_2112]

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

My fiancee is possibly dealing with a situation. She's 20, and her father has been declaring her on his taxes since 2006. Now, there's no documentation of her living with him at all during the time frame of 2005 to 2008, and in 2007 her mother tried to claim her and her infant daughter for 2006, but was told they were already claimed by my fiancee's father. Now today, she received a phone call from him, stating that he had to re-file his taxes without her or her daughter on them, and that it cost him $200. He's now trying to get her to pay for that. My questions are: Is that legal, trying to get back the $200 from her? And would he have been able to declare her and her daughter from 2007 to 2009 without any proof of either one of them living with him?

Another thing worth mentioning is she collects SSI for reasons I would rather not state here. Would she be able to file a tax return, at least to claim a part of the stimulus package?

[LdiJ]

Originally Posted by rushfan_2112

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

My fiancee is possibly dealing with a situation. She's 20, and her father has been declaring her on his taxes since 2006. Now, there's no documentation of her living with him at all during the time frame of 2005 to 2008, and in 2007 her mother tried to claim her and her infant daughter for 2006, but was told they were already claimed by my fiancee's father. Now today, she received a phone call from him, stating that he had to re-file his taxes without her or her daughter on them, and that it cost him $200. He's now trying to get her to pay for that. My questions are: Is that legal, trying to get back the $200 from her? And would he have been able to declare her and her daughter from 2007 to 2009 without any proof of either one of them living with him?

Another thing worth mentioning is she collects SSI for reasons I would rather not state here. Would she be able to file a tax return, at least to claim a part of the stimulus package?

If you want real answers, then you have to give real information...not vague "there is no documentation" type of information.

Where exactly did your fiancee live in each of the years in question, and who provided the bulk of her and her child's support?

Who claimed your fiancee and her child for 2008, and did your fiancee and her child live with that person all year and was supported by that person all year?

Bottom line here is that her father may or may not have had a legitimate right to claim her and her child for one, some, or all of the years in question. Or, he might have had no legitimate right to claim her and her child for one, some, or all of the years.

If you claimed your fiancee and the child, and they didn't live with you for the ENTIRE year, then you committed tax fraud.

Your fiancee cannot file a tax return if her only income is SSI. However, she may still receive the 250.00 economic stimulus payment.

[IsabellaSoriano]

Originally Posted by LdiJ

If you want real answers, then you have to give real information...not vague "there is no documentation" type of information.

Where exactly did your fiancee live in each of the years in question, and who provided the bulk of her and her child's support?

Who claimed your fiancee and her child for 2008, and did your fiancee and her child live with that person all year and was supported by that person all year?

Bottom line here is that her father may or may not have had a legitimate right to claim her and her child for one, some, or all of the years in question. Or, he might have had no legitimate right to claim her and her child for one, some, or all of the years.

If you claimed your fiancee and the child, and they didn't live with you for the ENTIRE year, then you committed tax fraud.

Your fiancee cannot file a tax return if her only income is SSI. However, she may still receive the 250.00 economic stimulus payment.

if i remember correctly, this is to be added directly to the SSI check as well.....

[rushfan_2112]

I apologize for giving vague information. I honestly thought it would be enough. Here's the situation the best I could give. I apologize for it sounding a little jumbled: From early to Nov. 2005, she lived w/ her father, which was documented. From November 2005 to Jan. 2006, she lived with her grandmother, which wasn't documented. From Jan. 2006 to July 2006 she lived with her father, which was documented. From July 2006 to Dec. 2006 she lived with her mother, which was documented. From December 2006 to April 2007 she was homeless but living in a shelter, which was documented. And from April 2007 until now she's been living on her own.

When she lived with her father the first time (up to 11/05), he was providing support. When she went to live with her grandmother (11/05-1/06), the grandmother was providing support. The second time she lived with her father he provided support (1/06-7-06), in addition to support from the state in the form of food stamps that were placed on his card. When we went to live with her mother-7/06-12/06), she provided support. When she lived in the shelter(12/06-4/07), she was collecting cash assistance and food stamps from the state, which was the first time she had any assistance in her name that she was able to use. And when she moved in to her current residence, she's been collecting food stamps, as well as the SSI.

She filed for child support in September of 2007, which she's only received a few payments. The father of her child was put in jail June of 2008 for an altercation he had with her, and the support wasn't paid from then until now. The support order of $92/mo. has recently been suspended since March of this year. Simply put, there hasn't been any real support coming from him at all.

With the exception of the 2006 filing for 2005, he told her directly that he was claiming her. The 2006 filing she found out from her mother, who tried to claim her.

I hope that's enough information. Anyway, I do have one more question. You said that she might be eligible for a $250.00 rebate. How can she go about finding out how to claim that? And thank you for your time and information.

Originally Posted by LdiJ

If you want real answers, then you have to give real information...not vague "there is no documentation" type of information.

Where exactly did your fiancee live in each of the years in question, and who provided the bulk of her and her child's support?

Who claimed your fiancee and her child for 2008, and did your fiancee and her child live with that person all year and was supported by that person all year?

Bottom line here is that her father may or may not have had a legitimate right to claim her and her child for one, some, or all of the years in question. Or, he might have had no legitimate right to claim her and her child for one, some, or all of the years.

If you claimed your fiancee and the child, and they didn't live with you for the ENTIRE year, then you committed tax fraud.

Your fiancee cannot file a tax return if her only income is SSI. However, she may still receive the 250.00 economic stimulus payment.

[LdiJ]

For 2005 and probably for 2006 her father did have the right to claim her. For 2007 and 2008 it looks like no one had the legitimate right to claim her.

You never answered about who claimed her for 2008.

[rushfan_2112]

I'm sorry. From April 2007 until right now she's been on her own.

[LdiJ]

Originally Posted by rushfan_2112

I'm sorry. From April 2007 until right now she's been on her own.

You answered that question, you didn't answer who claimed her for 2008. Her father's return rejected because someone else claimed her and the child for 2008. Who did that?

[rushfan_2112]

Again, my apologies. For 2008, the only person who claimed her and her daughter was her father. No one else could have claimed her.

Originally Posted by LdiJ

You answered that question, you didn't answer who claimed her for 2008. Her father's return rejected because someone else claimed her and the child for 2008. Who did that?

[LdiJ]

Originally Posted by rushfan_2112

Again, my apologies. For 2008, the only person who claimed her and her daughter was her father. No one else could have claimed her.

Well someone did, or her father wouldn't be upset and asking her to pay him money.