Q: My son’s father has not been involved, can he claim him on taxes with no custody agreement in place?
He has never lived in the home with us, has only seen him a handful of times, has offered no financial help, and I just recently filed for child support. It hasn’t gone through yet. We have never been to court. He is on the birth certificate. I was unemployed last year and worked odd jobs for cash so I cannot file. Want to know if he has the right to claim my son or if my mother can in place of me without being audited.
A: Generally speaking (by which I mean there are all kinds of rules, exceptions, and loopholes): (1) IF the child lived with you the entire calendar year AND the father paid no support that calendar year, then he cannot claim the child as a deduction when he files his income tax for that year; and (2) IF your mother paid more than half the total expense of supporting your son for a calendar year she MIGHT be able to claim your son as a qualifying relative dependent, but she also might not. You and your mother to talk to whoever prepares your income tax form each year -- you should both talk to the same tax preparer to make sure he or she gets the same details from both of you.
Cheryl Powell agrees with this answer
A: Whoever prvided more than 50% of the support for the child can claim him. Talk to a cpa.
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