Who gets to claim child as dependent?

[BannedRodriguez]

"That" poster is you and you are playing games here, which is something we don't do here.

I did not say your information was completely wrong, and I stand by what I said. In fact you sounded very unsure of yourself in your first answer. I asked for the OP to wait for a more informed tax professional to answer his questions ~ one who wouldn't tell the OP to ""or would say "that's all I know".

You have been reckless in some of your responses in this forum and have even lacked decorum, so much so, that obviously the moderator decided to give you a time out.

I will not apologize to you; but I will tell the OP that in Tinkerbell's answer was complete.

I think that none of the responses have been reckless. I think that there are no games being played here except the RR probably couldn't have posted his defense to your slander due to the fact that he was given a "time out" for the word eff, which is clearly not even defined as a word in any dictionary of the world.

Obviously the only incorrect response by RR was "thats all that I know" because clearly he did know.


I don't need an apology, I was not wronged.

 

[moynihan1129]

Didn't mean to start an argument. Anyway, I missed the part about not being able to E-File...I will really have to paper file after she has e-filed?

 

[Antigone*]

Didn't mean to start an argument. Anyway, I missed the part about not being able to E-File...I will really have to paper file after she has e-filed?

Moynihan,

I apologize for the discord in your thread.

I know the other poster's advice was incomplete, but I am posting using a mobile browser and could not post info you needed from the IRS website.

I wanted you to get the proper information from a tax professional, who was certain of the advice being given. Tink is correct in her advice. You will need to file a paper return.

I might also suggest that you get the tax issues addressed in you custody order.

Best wishes

 

[TinkerBelleLuvr]

Moynihan,

If the X files first AND claims the child, then yes, you have TWO options:
1. File an electronic return without the child, and then file an amended return with the child and the associated credits that you may be eligible for said child.

2. File a complete paper tax return and wait a little longer for a refund check.

Personally, option 2 is less work.

What will happen is that if the X files with said child and cannot validate taking the child, then SHE'LL owe big time the IRS. But, that problem will be your X's and NOT yours.

Check out publication 501 for further clarification. Table 6 is the clearest explanation you can give to your X as to why SHE does NOT qualify for said deduction.

As stated earlier, if you are the custodial parent, and you agree to let her have the child as a deduction, she still would NOT qualify for the Child & Dependent Care Credit nor for the Earned Income Credit.

Now, depending on how much she makes AND if she is older than 24, she may qualify for a minisicule amount of Earned Income Credit based on her wages.

 

[moynihan1129]

All,

Thanks for your advice. All my questions are answered! Greatly appreciated!

 

[LdiJ]

Moynihan,

If the X files first AND claims the child, then yes, you have TWO options:
1. File an electronic return without the child, and then file an amended return with the child and the associated credits that you may be eligible for said child.

2. File a complete paper tax return and wait a little longer for a refund check.

Personally, option 2 is less work.

What will happen is that if the X files with said child and cannot validate taking the child, then SHE'LL owe big time the IRS. But, that problem will be your X's and NOT yours.

Check out publication 501 for further clarification. Table 6 is the clearest explanation you can give to your X as to why SHE does NOT qualify for said deduction.

As stated earlier, if you are the custodial parent, and you agree to let her have the child as a deduction, she still would NOT qualify for the Child & Dependent Care Credit nor for the Earned Income Credit.

Now, depending on how much she makes AND if she is older than 24, she may qualify for a minisicule amount of Earned Income Credit based on her wages.

I am coming in a day late and a dollar short...but I agree with Tink completely.

With one added proviso...

Based on the timeline, in this case only, for this YEAR only, the child WOULD be a qualifying child for both parents, because both parents will have lived with the child for more than six months of the year.

So, the tiebreaker rules would go into effect, and dad also wins under the tiebreaker rules because he has the higher income.

So, for this year only mom COULD get EIC for the child if she and dad agreed on the issue.