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    saoirsesong's Avatar
    saoirsesong Posts: 2, Reputation: 1
    New Member

    Jan 29, 2008, 04:12 PM
    Claiming non-custodial dependents on taxes
    My 5 year old daughter and I live with my boyfriend and have so since June of last year. I have full custody of her and we have just had a baby 2 weeks ago. During my pregnancy last year there were a few months where I was unable to work and when I did finally find a suitable job for my condition I didn't make very much money. I am wondering if my boyfriend can claim my daughter on his taxes since he supported us for the most of last year (even when we didn't live together). Also, her biological father is completely uninvolved and has no legal rights to her- if it makes any difference.
    Barry D's Avatar
    Barry D Posts: 12, Reputation: 1
    New Member

    Jan 29, 2008, 10:30 PM
    Yes! Boyfriend, living with girlfriend and her kid (not his own) can take the kid as a dependent if girlfriend has no income or only files to get a refund. See IRC sections 151 and 152(a). Also, read you tax booklet. Better make sure your x has no intention of claiming. They may say no there not going to now but for purposes of the earned income credit and other refundable credits that they think they may get could change his mind and all of a sudden become a very involved person with his kid.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert

    Jan 30, 2008, 01:43 PM

    Further, YOU need to verify that claiming your child on YOUR tax return is not the best way to go.

    You see, he can claim your child's exemption, but he CANNOT claim her for the $1,000 Child Tax Credit nor for the Earned Income Credit.

    You, on the other hand, CAN claim these credits. The EIC is the big benefit here, and may result in a tax refund for you in excess of $2,000 OVER and ABOVE what was withheld from your 2007 jobs.

    You MAY want to get a tax professional involved. If you want my help, send me a Private Message.
    saoirsesong's Avatar
    saoirsesong Posts: 2, Reputation: 1
    New Member

    Feb 1, 2008, 10:42 PM
    Thanks to both of you!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert

    Feb 3, 2008, 04:28 PM
    Glad to help!

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