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income taxes

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wifethatcare

Junior Member
I live in CA,
my husband has a child with another girl the baby is 7 years old .... my husband has always claim him in the income tax since day one because she doest work ....now she is married and want to claim him on their taxes ... what can we do ?
 


Bali Hai

Senior Member
wifethatcare said:
I live in CA,
my husband has a child with another girl the baby is 7 years old .... my husband has always claim him in the income tax since day one because she doest work ....now she is married and want to claim him on their taxes ... what can we do ?
Call up the new greedy husband and ask him what the h@ll is going on?
 

haiku

Senior Member
unless otherwise stated in thier custody papers, the mother has always been the only one with the right to claim the child.
 

casa

Senior Member
wifethatcare said:
I live in CA,
my husband has a child with another girl the baby is 7 years old .... my husband has always claim him in the income tax since day one because she doest work ....now she is married and want to claim him on their taxes ... what can we do ?
Double check the court orders. In CA tax exemptions are routinely addressed in custody/visitation orders.

If taxes are not addressed, then whomever the child lives with (physical custody) &/or whom has care of the child for more than 50% of the year ending.

If parents have Joint Physical Custody (legally) it's common for parents to rotate claiming o/e years.
 

casa

Senior Member
wifethatcare said:
i have another ? what if she doesnt work and thy are going to use him under his taxes can thy do tht ?
It doesn't matter if she works or not. That's totally irrelevant.

You & Your husband file jointly & want to claim the child, right? :rolleyes: Well, same goes for her.:cool:
 

ceara19

Senior Member
wifethatcare said:
i have another ? what if she doesnt work and thy are going to use him under his taxes can thy do tht ?
If they are married and filing a joint return, her employment, or lack there of, is irrelevent.
 

ptrc

Member
wifethatcare said:
I live in CA,
my husband has a child with another girl the baby is 7 years old .... my husband has always claim him in the income tax since day one because she doest work ....now she is married and want to claim him on their taxes ... what can we do ?
I do know as far as the tax law that if she lives with you and your husband, your husband has the right to claim her for EIC purposes and she can not. Also, if she does not have anything in writing, the IRS will consider your husband having the right to claim, because he has been the one to claim her in the past. I am a certified tax consultant.However, check with your local state tax for possible different rules for state. I do know that is the situation for fed returns.Hope this helps.
 

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