WORLD Law Direct Forums
Home > WORLD Law Direct Forums > BUSINESS & FINANCE LAW > Other Business & Finance Law Issues > claiming a minor child on your taxes if the child does not live with you

claiming a minor child on your taxes if the child does not live with you

This is a discussion on claiming a minor child on your taxes if the child does not live with you within the Other Business & Finance Law Issues forum, part of the BUSINESS & FINANCE LAW category; Tax evasion or fraud? Is it illegal to claim a minor child (giving you a $7400 credit) on your taxes ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Apr 12th, 2012, 12:53 PM   #1
Junior Member
Country:  
robstar's Flag is: United States
 

robstar's Avatar
 
Join Date: Apr 2012
Location: Southern California
Posts: 11

Default claiming a minor child on your taxes if the child does not live with you

Tax evasion or fraud?

Is it illegal to claim a minor child (giving you a $7400 credit) on your taxes if the child does not live with you and there is no agreement between the other parent for you to claim said child?
robstar is offline   Reply With Quote
Sponsored Links
International Law Issues?
Old Apr 12th, 2012, 01:36 PM   #2
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 17,190

Default Re: claiming a minor child on your taxes if the child does not live with you

I wish to inform you that generally a custodial parent can claim child exemption but non custodial parent can be granted child exempt status in limited circumstances. If a non custodial parent incorrectly claims then IRS can be informed about false information and parent will be held liable.

AFF
AFFA is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Apr 12th, 2012, 06:01 PM   #3
Top Level Member
Country:  
goddessoflubboc's Flag is: United States
 
goddessoflubboc's Avatar
 
Join Date: Nov 2011
Posts: 3,721

Default Re: claiming a minor child on your taxes if the child does not live with you

We've been down this road. Breaking your issue into small pieces will only provide disjointed answers that may be inaccurate when the totality is considered.
goddessoflubboc is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Apr 13th, 2012, 06:18 AM   #4
Top Level Member
Country:  
Friend In Court's Flag is: United States
 
Friend In Court's Avatar
 
Join Date: Apr 2011
Location: Florida
Posts: 12,106

Default Re: claiming a minor child on your taxes if the child does not live with you

Quote:
Originally Posted by robstar View Post
Tax evasion or fraud?

Is it illegal to claim a minor child (giving you a $7400 credit) on your taxes if the child does not live with you and there is no agreement between the other parent for you to claim said child?

If one contributes more than half of the support for the child, then they may claim the child on income tax returns. It is not with whom the child resides that governs, but the percentage of support one pays.

There is an IRS publication that sets out the rules.
Friend In Court is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Apr 13th, 2012, 02:31 PM   #5
Top Level Member
Country:  
goddessoflubboc's Flag is: United States
 
goddessoflubboc's Avatar
 
Join Date: Nov 2011
Posts: 3,721

Default Re: claiming a minor child on your taxes if the child does not live with you

Children of divorced or separated parents or parents who live apart. **In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true.
The parents:

Are divorced or legally separated under a decree of divorce or separate maintenance,

Are separated under a written separation agreement, or

Lived apart at all times during the last 6 months of the year, whether or not they are or were married.

The child received over half of his or her support for the year from the parents.

The child is in the custody of one or both parents for more than half of the year.

Either of the following statements is true.

The custodial parent signs a written declaration, discussed later, that he or she will not claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration to his or her return. (If the decree or agreement went into effect after 1984 and before 2009, see Post-1984 and pre-2009 divorce decree or separation agreement , later. If the decree or agreement went into effect after 2008, see Post-2008 divorce decree or separation agreement , later.)

A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2011 states that the noncustodial parent can claim the child as a dependent, the decree or agreement was not changed after 1984 to say the noncustodial parent cannot claim the child as a dependent, and the noncustodial parent provides at least $600 for the child's support during the year.

Custodial parent and noncustodial parent. **The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent.
**If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater number of nights during the rest of the year.
**A child is treated as living with a parent for a night if the child sleeps:
At that parent's home, whether or not the parent is present, or

In the company of the parent, when the child does not sleep at a parent's home (for example, the parent and child are on vacation together).

Equal number of nights. **If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income (AGI).
goddessoflubboc is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

Tags
claim, fraud, tax evasion

This thread has 4 replies and has been viewed 2490 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Claiming child on taxes in Indiana bill1010 Child Custody & Support 7 Apr 19th, 2013 02:27 PM
Child support? He has another child as well and has filed for taxes nell2012 Child Custody & Support 1 Oct 29th, 2012 08:47 PM
Canadian minor Child wants to live with Mother and move to United states secret Child Custody & Support 1 Aug 16th, 2010 08:48 PM
Permission for minor child to live with another family Unregistered Child Custody & Support 11 Jul 16th, 2010 06:51 AM
Non-Custodial Parent Claiming Child on Taxes Unregistered Child Custody & Support 3 Feb 15th, 2010 07:03 AM


International Law Issues?


All times are GMT -5. The time now is 01:51 PM.