[lindseyd1]

My husbands ex(one night stand) fights with us every year about who claims their daughter on taxes. She does not work and he pays over half the child support. She has a live in boyfriend who thinks that he can claim her. My husband has never signed any papers on this topic and neither has she. But, to my understanding, she does not work and therefore has nothing to file. He, (ex's boyfriend) collects unemployment(not sure of guidelines on filing taxes) but has no rights to their daughter. My husband is in the military and only sees his daughter a few times a year, if that. Its not his choice, its his job. Anyway, she seems to think that just because the child lives with them, that her boyfriend can legally claim her on his taxes... Does anyone know the guidelines on this subject or know how I can find out? Thanks.

[AtlantaTaxExpert]

The custodial parent has the ultimate right to claim the child, but the child has to be claimed on the custodial parent's return, NOT her boy friend's return.

The deciding issue will be WHO can prove they provide OVER half of the child's total support. Even though your husband pays child support, I doubt it represents over half of the total support. The boy friend MAY be able to prove that HE does provide that support level.

[felix951]

I have the a similar question. My ex is unemployed she get 1200 a month in unemployement plus 250 in child support for her other child and I pay 600 a month. She can't claim our daughter she told our older son to claim her and he lives with me and I help support him as well. Shouldn't I be able to claim her. I think the system is all wrong any advice?

[AtlantaTaxExpert]

If the older son did NOT provide more than half of the child's support, then he cannot LEGALLY claim his sister/step-sister on his return.

However, unemployment compensation IS taxable income, so she may have a need for the exemption herself.