Can a noncustoial parent who pays no child support claim a child legally on taxes?
Posted by adminMay 31
My nephew was supported by the state from March 08 (when he was born) through December 08. His father signed his birth certificate but did not live with my sister or nephew the entire year. He did not pay any child support, either officially or unofficially. He never asked for an official order giving him custody rights and he never cared for the child unless my sister was there (they have had an on again off again relationship).
He claimed my nephew on his taxes and received close to $5000.
This does not seem legal or fair to me. Can anything be done, or since my sister didn’t claim him (she didn’t work in 08 and didn’t support my nephew more than 50% of 2009) does his father have a right to claim him?
I’m concerned he will do this again for the year of 2009. In 2009 he paid approximately $200 in child support and lived with my sister for less than 2 months (during which time they supported the child equally). Otherwise, part of the year my sister worked and part of the year she received support from the state to care for her son (she is a teenager and decided to finish h.s.). There just recently was finally an official order for child support entered. I guess I just don’t think it’s right he uses a son he has never cared for on his own, or financially supported, to get money. He used the money last year to buy a big screen TV, movies, make payments on old court fees (DUI, public intox, etc).
Thanks!
4 comments
Comment by Sharon T on 05/31/2010 at 7:15 pm
He has committed fraud. The mother needs to report him to IRS. No one should be claiming this child.
You can make the report to IRS and withhold your name.
Comment by Orion on 05/31/2010 at 8:13 pm
Your sister needs to review the IRS rules on claiming a child deduction. If she has custody then she can claim the deduction. If someone else claims the same child eventually the IRS will find out. You can always speed up the process by reporting it.
Comment by the tax lady on 05/31/2010 at 8:52 pm
The father will eventually get audited and will lose. The IRS will demand that he repay the entire refu nd, will audit him for the past 6 years and will ban him from collecting EIC for the next 10 years.
What he has done is commit fraud. Whether he paid child support or not is not quite the issue. In order for a NON-custodial parent to claim the child, they need to show that they and the custodial parent paid more than half of the total support (and he didn’t if the child was on welfare) AND attach a SIGNED form 8332 to the return. To get $5000, he didn’t attach that form. Without the form, he was supposed to get NOTHING. With the form, he *might* have gotten $500 to $1500. Certainly NOT $5000.
Have your sister file a ZERO return for 2008. (Get a blank 1040A from IRS.GOV, just enter 2008 in the search box to get to the form.) Eg, take a 1040A, list the child as a dependent, list $0 as the income, attach a note and submit it. The IRS will process the return, creating the link between her and the child. That will AUTOMATICALLY cause the computer to question how the father claimed the child and start the investigation.
Comment by tub j on 05/31/2010 at 9:36 pm
Different countries have different child support laws. Here in the Philippines where the laws were carved out from the American laws and constitution, and lest the court says so, the mother or the father can get deductions from taxes and exemptions for their child/children below 21 years of age. A mother can plead in the court of law, monthly allotment from the husband’s salaries if the wife and offsprings are abandoned. Unlike in western countries where the state give help to their citizens, the observation herein cn also apply in your place. The best thing is get a lawyers point of view.