So advice about claiming you child on your taxes after a divorce?

My fiance divorced her husband last year. It became final in March. Her daughter lives with us.. Her ex-husband is being a jerk by trying to claim her for his taxes.





We both received unemployment compensation for the entirety of 2008. Her ex is saying that she didn't make enough money to claim her.. Is this possible??So advice about claiming you child on your taxes after a divorce?
The custodial parent gets the exemption unless there is an explicitly worded court order saying otherwise. The custodial parent is the one that the child lived with for the greatest portion of the year. Absent a court order, the only way that the non-custodial parent can get the exemption is if the custodial parent give them a completed Form 8332 or similarly worded statement surrendering the exemption.





If her only income is from unemployment it's likely that she won't owe any tax if she claims her daughter. Assuming that she can file as Head of Household she would have needed to have received more than $11,5000 in unemployment before any tax would be due without claiming the child. If she earned less then it would make sense for her to surrender the exemption as it's useless to her. However if she earned any more than $11,500 then she will need the exemption to minimize or eliminate the tax burden. If she cannot file as HoH the amounts drop to $8,950 before taxes start to kick in.So advice about claiming you child on your taxes after a divorce?
Bostonia is mostly right, but some comments need to be added. ';Claiming'; can mean several things. There are three issues. One is filing status like ';head of household';. One is for ';earned income credit';, and one is for dependency. The rules are slightly different. For example, it sounds like you are the only one who might be able to claim head of household and earned income credit, and these are probably the most important to you. You can claim both of these and still give dependency to your ex. I suggest going to H%26amp;R Block or similar because I think it might be beneficial.





Oops! Just realized your question said child was living with ';us';. That might change the Head of household comment. Go to a tax service.
Only the custodial parent can claim the child. Child support does not count.


Who can claim the child if the parents are divorced, separated or unmarried, read: http://taxipay.blogspot.com/2008/03/chil鈥?/a>
if you did not pay taxes , I don't think you can file, but you can call the irs and find out for sure how that works. Maybe he can claim her and give her some of the rebate.
well you shouldn't anyways give it to the lady...


my mom went through that my whole life.


and yes it is possible


she been through enough give her the benefit of the doubt
whomever the child resided with will claim, the rule is 6 months, if she can prove residency, it would be her exemption