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Can both parents claim a child for tax purposes if the child lived with one for 7 months and one for 5 months?

Can both parents claim a child for tax purposes if the child lived with one for 7 months and one for 5 months? Topic: Briefing a case steps
May 21, 2019 / By Esta
Question: My step daughter lived with us from Jan 1, 2010 - July 28, 2010 and then moved back with her mother from July 29, 2010 - December 31, 2010. We had full custody until she left to live with he Mom. Her Mother said that she is claiming he daughter for the full year. I can't seem to find any information to know if this is correct or if we can claim a pro rated amount.
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Best Answers: Can both parents claim a child for tax purposes if the child lived with one for 7 months and one for 5 months?

Clarette Clarette | 10 days ago
No, two people cannot claim the same child. The parent that the child lived with for 6+ months (YOU in this case) is the custodial parent and is entitled to all of the tax benefits. The non-custodial parent gets nothing. The custodial parent can give the non-custodial parent the child's dependency exemption and child tax credit by signing form 8332. This can be done as your choice, or a local court could order you to sign it as part of a divorce/child support agreement. Either way, the IRS only cares where the child lived and whether or not the form was signed, they don't care why it was or wasn't signed. Even if the dependency and child tax credit are given to the non-custodial parent with form 8332 the right to claim head of household status, EIC, and child care credits (as applicable) ALWAYS remains with the custodial parent and cannot be given away. What you need to do now is file a paper return and mail it in. Include a brief letter explaining the dates that your daughter lived with you and any proof that you have. The IRS will investigate both of the people who claimed the child and award the tax benefits to the person legally entitled to them. The other person will get a bill demanding repayment of any illegally obtained refund plus interest and penalties and they could be banned from claiming the EIC for up to 10 years.
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Clarette Originally Answered: CHILD SUPPORT: Non-custodial parent recieving checks for the last two months. What gives?
What seems like a windfall now could come back to bite you and so I would make the following suggestion: call the court/friend of the court division that is sending the checks to you and ASK THEM what the heck is going on. While I am certain it is nice to have the "extra money" you know there has been no over payment and eventually someone may come in search of that money. In Michigan, for example, keeping this money could result in an arrearage that could lead to a felony charge in future. So, the first thing I would do is call and try to untangle this mystery over the telephone. Then I would send a letter confirming whatever I learned over the telephone and returning the checks--if instructed to do so. There is a worse case scenario for why the checks are being returned and while it would be dreadful news, if true, you gotta find out what's going on one way or the other.
Clarette Originally Answered: CHILD SUPPORT: Non-custodial parent recieving checks for the last two months. What gives?
it rather relies on your states specified legislation and what sort of the non custodial mum or dad makes. the common is round 25 - 33%. if the non custodial mum or dad makes greater than $eighty,000 (I feel it's eighty,000) then it would be extra regularly the non custodial mum or dad will deliver coverage at the youngster additionally.
Clarette Originally Answered: CHILD SUPPORT: Non-custodial parent recieving checks for the last two months. What gives?
Sounds like she may have taken off and there is no one to give the check to.I would call and see what is going on.You don't want to have to pay all these checks back to her later do you?

Baylee Baylee
Only one parent gets to claim the deduction. It's not split. The parent with custody for more than half of the nights of the year can claim the child. That would be you. Her mom can't legally claim her unless your husband gives her a signed IRS Form 8332 giving her permission. EDIT: I just noticed that this is in the Canada area. Sorry -- the advice above is for taxpayers in the US.
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Baylee Originally Answered: Can a D/A threaten my child with perjury when her witness statement differs from the one she gave 7 months ago
If she signed a statement given to the police, that can be trouble if her statement differs on the stand. 1. Hire a lawyer for your daughter. 2. Allow no communication between your family and the D/A's office, the police, and the principal except through your lawyer. 3. Make it clear to your daughter not to talk about her statements with ANYONE unless told to do so by her lawyer. If she participated in a pretrial interview, that means the D/A's office thought they could use her to help obtain a guilty verdict against the accused. When her pretrial interview did not match her prior interview(did not contain the information deemed valuable by the D/A's office) that put the state's case in jeopardy. If they lose the case, your daughter better already have a lawyer apprised of the situation and be ready to earn his retainer.
Baylee Originally Answered: Can a D/A threaten my child with perjury when her witness statement differs from the one she gave 7 months ago
Sound like you have already made up your mind. Yes, the District Attorney can tell your daughter that she can be charged with perjury. What's more, your daughter can be declared an adult for such purposes. The fact that the first statement was taken without parental consent does not make it under duress. The fact that she was not told that she did not have to talk to the policeman does not make it coerced. The fact is she made a statement. She apparently made a subsequent statement to the district attorney which I am pressuming materially differed from the first statement. I don't imagine that she will be tried for perjury, but, there is nothing illegal or false in the statement that she can be held for perjury on the matter. As for taking the fifth. That doesn't work in a hearing. She will have to anwer the questions of the grand jury and if she doesn't she could be found in contempt. And, her grand jury testimony can be used to substantiate a charge of perjury, so she doesn't have to go to trial to get charged for that. At any rate, I am wondering who signed this statement she supposedly made to the police officer. Normally, the person testifying has to sign their statement to the police. Did she? If she did then she appears to have attested to her statement being truthful. If she did the same thing in front of the district attorney then you have a problem. If they can prove that she can tell the difference between right and wrong, they can charge her. Taking the fifth at this late date does nothing. The minute she anwered her first question to the district attorney she waived that right. And as you say, her father was present at that questioning. The point is that they want her to substantiate her first statement. If she does not then they will look bad for making their arrests. They don't want to look bad and they don't want to let a guilty person go free. It makes it harder to convict them later. Your daughter is apparently a material witness in a felony trial. They take that very seriously. Like I said, I don't expect them to make an example out of her but they are well within their rights, the law, and their mandate as prosecutors to use every means within auspices to bring the truth to this jury. BTW, they can authenticate her police statement without her. Another reason they are telling your daughter about perjury is that the prosecutor will seek to intoduce the first statement. The defense will seek to introduce the second statement. The judge most likely will admit both statements and your daughter having not taken the stand will have contradicted herself. They were hoping she would clarify the matter. If she won't and they lose the case, you can see how that might upset them. Not to mention, I can't see the judge not issuing a bench warrant to compell your daughter to appear before the matter goes to the jury without knowing which statement she says is the truth. Judges don't like to see these grey areas go unchallenged. In other words, you are fighting a losing battle. You can pay a lawyer to tell you this, but, you should have done that before she went to the district attorney's office the first time. Now all they can do is advise you to tell the truth.

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