Winter Park, FL asked in Tax Law and Child Custody for Florida

Q: I claimed my son for the first time after Court ordered Parenting Agreement, IRS wants me to prove child is dependent?

Our agreement states that I claim my child for odd year returns. I claimed my child and now I am being audited to prove that I am qualified to claim the child as dependent, Head of Household and Earned Income Tax Credit. What do I need to know in order to satisfy their request?

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2 Lawyer Answers
Rand Scott Lieber
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Answered
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: You can start with sending them a copy of the court order. Worst case you may need your ex to sign an IRS form.

1 user found this answer helpful

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Whatever the court did or did not do about the parenting agreement between you and your ex is irrelevant to the IRS. There are different rules that apply in order to qualify for the three different classifications; and unless you have a background in accounting or tax law you should not try to figure everything out without professional help.

For example: The simple rules for claiming any dependent is to show that you either paid for over 50% of their total support an/or that the dependent lived in your household more than 50% of the tax year. Qualification for Head of Household involves different facts; and qualifying for the Earned Income Tax Credit involves entirely different facts.

1 user found this answer helpful

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