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8 Answers

Dependent claims on taxes?

Asked by: samserio 665 views YA Discussion

I am going to have a son soon and currently do not live with the mother. She lives with her parents who want to claim our child as a dependent on taxes. However, I wish to claim my child as a dependent as well, even though the mother does not work and the child will be living with her. I currently live with my mother who needs him as a dependent on her forms. Can I claim my son while I am working but not housing him even though I am the only working parent of the child? Thanks.

How others found here:

  • can i claim my grandchildren as dependents without permission from the parents
  • both parents claiming child on taxes
  • IRS custodial parent claiming as a dependent

8 Answers



  1. A Hunch on Dec 13, 2012 Reply

    When the child is born, you need to go to court and get a formal child support and custody agreement. This will outline who is able to claim the child and who is not.

    Since the child is not even born yet, it’s hard to say who will have rights to claim the child for tax purposes.
    - According to the IRS, the parent the child lives with for more than 6 months is the parent that can claim the child. If the child support decree says something different, the parent whom the child lived with is required to file IRS form 8852 on an annual basis. If you child’s mother does not work, there is no reason for her to claim the child.
    - If the child lived with someone for the full year and was supported by that person (in this case, probably the grandparents), yes, they have rights to claim the child if the parent doesn’t. But it has to be the full year (or full year the child was alive since this child will be probably born during a partial year).

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  2. Pascal the Gambler on Dec 13, 2012 Reply

    You can’t both claim the child, and if the child doesn’t live with you, you’re out of luck. The child will live with them, and they support the mother and the child, and hence get the claim.

    Your mother certianly can’t claim the child.

    The chidl doesn’thave to live with the grandparents the whole year. Form borth to end of year, the child will live there. The child’s mother is a dependent of the granprents, and thus by extension, so is the grandchild.

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  3. Quick Answers on Dec 13, 2012 Reply

    Based on the information, you CANNOT claim the child. The mother CANNOT signt he form 8332 as you don’t meet the minimum requirements. Without the form, you, as the non-custodial parent, CANNOT claim your son. Your mother was never eligible.

    The 8332 form has a prerequisite that the parents (you and the child’s mother) must provide more than 1/2 of the child’s total support. Since the child is going to live the maternal grandparents, you won’t meet that test. Since the mother and child will live with her parents, they can and will claim him.

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  4. rtfm on Dec 13, 2012 Reply

    Only the CUSTODIAL parent has the right to claim the child. The only way the NCP can claim a child is if the CP gives them a signed IRS Form 8332 giving them permission to.

    If the custodial parent is a dependent herself, then whoever is claiming her can usually also claim the child.

    Your mother may think she “needs” the child as a dependent, but she is absolutely NOT legally allowed to claim him. Don’t let her try.

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  5. tro on Dec 13, 2012 Reply

    no and your mother cannot either
    if the child is born before Dec. 31, and the mother is living with her parents who are providing for her(she has not provided more than 50% of her own support) the mother’s parents will claim the child
    obviously you are both minors and dependents which means as dependents you cannot claim a dependent

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  6. Judy on Dec 13, 2012 Reply

    Who will the baby live with? If with the mother,then the mother has the right to claim the baby, or iher parents do if they live with her parents. No you can’t claim him

    If he isn’t born by 12/31, NOBODY claims him for this year.

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  7. coraann on Dec 13, 2012 Reply

    You cannot claim the child if he does not live with you.
    However, you will be able to claim the child support payments on your tax return.
    The court will decide how much you will pay.
    Your parents would not be able to claim anything.

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  8. Bash Limpbutt's Oozing Cyst© on Dec 13, 2012 Reply

    The exemption goes to the parent with physical custody. That would be the mother in this case. If the mother does not claim the child, her mother — the grandmother — almost certainly can.

    If you and the mother provide more than half of the child’s support between you — very unlikely given the details that you have posted — she could give you a completed Form 8332 that you’d attach to your return. That would get you the exemption and the Child Tax Credit ONLY. The EIC and any other tax benefits remain with the custodial parent.

    Your mother can NOT claim the child under ANY circumstances as the child did not live in HER home.

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