Tax Question

[jilly]

This question is for my daughter.

She lives with her boyfriend and they have an 11 month old daughter. Last year my daughter claimed the baby on her taxes and she got credit for child care expenses, the child tax credit  and EIC.

The BF just started working a new job and has just informed my daughter that he's claiming head of household and claiming her and the baby as dependants on his W-2.

My daughter has also just started a new job and she is planning on claiming the baby on her taxes at the end of the year.

Can the BF claim them since they aren't married?  He is named on the birth certificate.

Thanks!

[joni]

the rules can be found at //www.irs.gov

[ocean]

Are they together still? If they are then let them work it out to who ever gets more in return. Mom has legal right to claim if no papers were ever filed saying otherwise. He can have whatever he wants taken out of his paycheck but come April 15th they will have to work it out. Will they be married this year?  

[jilly]

Yes, they are still together so there is no custody/child support issues (yet).

I sure as hell hope they don't EVER get married.  This guy is a moron and gripes about having to pay for most of their living expenses.  My DD was previously working part-time as a cashier at a grocery store.  Everything she made went to pay daycare.  My Mom and I have helped her out with gas money, clothes for the baby, etc.  He, on the other hand, thinks he can spend HIS money any way he wants to, even if there's no food in the house and complains about how DD isn't pulling her weight to pay the bills.  He also has an older daughter for whom he pays child support.  What I would like to do to this worthless piece of flesh would get me the death penalty.

[patton]

Ok, we've had first hand experience with this IRS tax issue.

Mother and father had joint custody with mother as primary, but father SAVED every receipt for any and everything he paid for, including child support and could PROVE he had the child over 50 % of the time. The IRS is VERY SPECIFIC on what records they want turned in.  PM me if you want the detailed info.  He got the refund, even though Mother had custody.  Same thing the next year, Father saved everything and gained sole custody during the year and got the deducts and the refund.

Read the IRS website very carefully, as they don't really care WHO has custody, it's WHO supports the child over 50% of the time and has the child more than 50% of the time.

Save, save, save.

 .

[wendl]

LOL then I guess my dh supports his kids 100% as bm hasn't worked since like September.

**These are my opinions, they are not legal advice**