What if two people claim the same dependants?

[tomisino]

What is the name of your state? Il.

Hello, my ex girlfriend whom I have a son with and I have been arguing about who should claim him(our son). They lived with me the first half of the year and with her mother the second half. My ex didn't work at all when she lived with me, and was a student and worked part time when she lived at her mother's. I paid almost as much in bills in one month as she made the whole year. I also gave her some money when she lived at her mom's and paid for Christmas, day care, and took time off work to watch him 3 days a week so she could go to school the second half of 2004. Now she wants to claim him! I don't know what to do. She has another son who also lived with me her and I for two years prior to that (whom I didn't claim as a dependant), and I'm worried that maybe she knows something I don't about these tax laws and kids. Can anyone help? Thanks,
Tom

 

[Snipes5]

File first and claim the kid. Make sure you have documentation to prove where the child lived for more than 6 months of the year. If it wasn't with you, don't claim him.

When two people claim the same dependent, the IRS sorts it out for them.

Again, make sure you have documentation. Sending it in with the return won't hurt either.

Snipes

 

[tomisino]

Thanks for the advice Snipes5, unfortunately it's too late to file first. Why should that matter anyway? What happens if we both claim him? I have our lease from last year and check stubs to prove my case, but I don't want her to get into big trouble with the IRS. Could she go to jail? I don't know if she claimed him or not, she won't show me her tax stuff. She says now that she didn't (2 months later) and to go ahead and claim him. The problem is I think she let her mother do her taxes and doesn't really know what is going on, for instance, she claims she filed head of household but didn't even pay rent once last year. Also, she might not have claimed our son as a dependant, but her mother could have claimed (for my ex) the child tax credit. The point is, I don't know what she did and am wary of sending in a return that gets me in trouble. Any thoughts?

Thanks,
Tom

 

[Snipes5]

When two people claim the same dependent, someone loses.

You need to file first because the IRS takes the position that the person who files first is in the right, and it is up to the other to defend the second position.

If she told you she didn't file, why is it too late to file first. Do your taxes and file electronically. If someone else claimed the kid, the IRS will tell you that the following day. Then you know.

When that happens, file your return on paper, and supply a statement and the documentation indicating that the child lived with you.

No, she won't go to jail, but if she claimed the child illegally or erroneously, they WILL send her a bill for the refund she is not entitled to, plus penalties and interest.

My money is on the mom to have claimed her.

Snipes