Q: Can my kids dad claim them on his taxes If I don’t agree?
My kids dad lived with us till about 6 months ago . We’re not divorced yet and I don’t work . He wants to claim the kids and keep the $ . I told him he can’t claim them . Can he with out my permission?
A:
In situations involving the claiming of children on taxes, the IRS has specific guidelines. Generally, the parent who has the children for the majority of the year has the right to claim them as dependents. This is often referred to as the "custodial parent."
Since you mentioned that your kids' dad lived with you until about six months ago and you're not yet divorced, the determination of who is the custodial parent for tax purposes could be based on who the children lived with for the greater part of the year.
If your kids lived with you for more of the year, you would typically have the right to claim them. However, it's possible for non-custodial parents to claim the children if both parents agree and certain conditions are met, such as filling out IRS Form 8332.
If there's a disagreement and both parents claim the children, the IRS will apply tiebreaker rules to determine who has the right to claim the dependents. These rules consider factors like where the children spent more nights during the year.
Given the complexities of tax law and your ongoing divorce, consulting with a tax professional or a family law attorney can provide clarity and guidance specific to your situation.
Remember, clear communication and understanding IRS rules are key in these situations to ensure that dependents are claimed appropriately and to avoid potential disputes or issues with the IRS.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
