who should claim dependant

[ScottDB]

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

Hi, I have a son that I am the primary care giver for and have full custody of. My ex wife this year had him almost 50% of the time. She has him on state medical. The boy mainly resides with me and I pay for 100% of everything for him except the medical.

What I would like to know is if I can file and claim him as a dependent and she still get the state medical for him or Obama care insurance or whatever it is now? Or if I do will I get in trouble for it or get his state medical taken away?

Also if I claim him as a dependent how badly am I going to get dinged for not paying his insurance?

Another question is can I deduct a new roof on the house?

Thanks for any help in advance.

 

[LdiJ]

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

Hi, I have a son that I am the primary care giver for and have full custody of. My ex wife this year had him almost 50% of the time. She has him on state medical. The boy mainly resides with me and I pay for 100% of everything for him except the medical.

What I would like to know is if I can file and claim him as a dependent and she still get the state medical for him or Obama care insurance or whatever it is now? Or if I do will I get in trouble for it or get his state medical taken away?

Also if I claim him as a dependent how badly am I going to get dinged for not paying his insurance?

Another question is can I deduct a new roof on the house?

Thanks for any help in advance.

Technically, you are the one who should claim him as a dependent because he primarily lives with you. However, you and mom have played fast and loose with the law by her getting state medical for him when he did not primarily reside with her. Since the IRS cross references welfare databases with dependency exemptions someone is going to end up with problems over that. You would not get penalized for him not having insurance because he WAS covered, albeit by playing fast and loose with the law.

You could give her permission to claim him by signing form 8332, but she would not be able to claim EIC, head of household (unless she has other children that live with her) or daycare credits.

For the future, you need to get him OFF mom's state medical benefits and on some type of insurance under you.