Who is Legally Entitled to Claim My Son?

North Carolina

Below is a response I recieved from someone regarding who had the legal right to claim my son. I am 20 years old, and a full-time college student, and both my son and I live under my parent's roof. We were told by a professional that if I were working and chose to claim my son, I would have legal right OVER my son's father because I am my son's legal guardian (or custodial parent). However, since I do not work and since my parent's are my son's main providers at this time, we were also informed that my parent's have the legal right to claim my son before his father. My son's father does pay child support. Below, I am pasting the response that someone posted, please read it and tell me how accurate it is:

It wont matter who has the right to claim the child,... it's who gets to the filing first,...the IRS does not know who the child lives with or who supported the child, thats how he could try and cheat your parents out of it.. and then when your parents file tax returns and the IRS catches up with it.. it becomes a mess, someone is going to have to pay it back or your parents could be denied the duplicate claim on the SS number... [i][quote]

How much truth is there too this information? I recognized the same point-what if my son's father files before my parent's do,and claims him-but we were told that if that happens, he will be filing illegally, and my parents STILL have the LEGAL right to claim my child. Please advise!! Thank you.

If your parents provided over half the support of your son, they are entitled to claim the exemption for him. So your parents can take the exemption if the amount they expended for his support, including the fair value of room and board, is more than the child support paid by the father. If your parents and the father of the child claim the exemption, the IRS will ask your parents to show that they are entitled to the exemption. For details on how to make the computation of support, see IRS Publication 17, Your Federal Income Tax, which you can download at the IRS site at: [url]http://www.irs.ustreas.gov/forms_pubs/index.html[/url]

Hi,
I am dealing with a similar situation. If you and your ex were never married, as a CP, it does not mean you are entitled to claim your son as a dependent on your taxes. The rule does not apply for children born out of wedlock.
There are rumors out there about whoever files first will get the exemption. If two people use the same SS# on their tax return, they will get a letter from the IRS notifying them of this. As far as being audited, I don't know. You will have to show proof of more than 50% of child support for the child to the IRS.
Don't you think it would be fair for you to discuss with the ex and agree for him to file every alternate year to claim the child as a dependent? This way there will be no confusion of who claims the child as a dependent each year. Or do you feel you owe your parent's because you and your child live there? You say your ex pays child support, do you have problems with each other?
Alternate years for tax I believe is fair for both parties. Remember, it took both of you to create this child, and you both are responsible for his well being. And you are the previliged one who gets to have him the majority of the time. (I could be wrong about everything, who knows.) This is just my opinion.

[nailtech]

[quote]It wont matter who has the right to claim the child,... it's who gets to the filing first,...the IRS does not know who the child lives with or who supported the child, thats how he could try and cheat your parents out of it.. and then when your parents file tax returns and the IRS catches up with it.. it becomes a mess, someone is going to have to pay it back or your parents could be denied the duplicate claim on the SS number...[quote]

this was my quote, and it was said not to be as tax advice, you asked in the other thread why your ex would want the SS number of the child, this is what I thought,... It was my opinion only, as far as the part of him filing first, it was meant to be, to create grief for you or try and cheat you out of it which some ex's are so good at,... when two numbers are filed at the same time It causes a mess and it holds up the tax return, I know this because I had a girlfriend who went through the same thing.. it took so much longer to get her return because her ex filed the kids and when she did, they questioned her because he filed first... thats what that was suppose to mean, not that he can... but if both do, someone will have to account for their actions... and they if they pay both people one party will have to pay it back it may take them a year, but they will catch it and you wont have any idea what he's done until you get that letter from the IRS...