You are here:

Tax Law (Questions About Taxes)/Can my boyfriends mom claim our son

Advertisement


Question
Our son lived with us for 5 months and his grandmother for 5 months. Right now he has been taken by the state and state owned and since he is living with his grandmother right now, she wants to claim him, is that even possible? Or do my boyfriend and i get to claim him?

Answer
Ciera:

You and your boyfriend can not file a joint tax return.  You must file your own tax return and your boyfriend must file his own tax return you CAN NOT file a Joint return.  But neither you, your boyfriend, nor your mother can claim the child as a deduction.  The child must live with you 6 months and one day to claim the child as a deduction except in the year he is born. Then should he be born after June 29th the one who claims the child must have him from the date he is born until the end of the year.

The IRS this year is cracking down on the following fraudulent tax returns that are filed claiming a child to get the "earned income tax credit".  The tax returns that are filed with boy friends and girl friends as join return or a single taxpayer with a girl friend or boy friend as a dependent.

To answer your question neither can claim the child for the reasons stated above.

John

Tax Law (Questions About Taxes)

All Answers


Answers by Expert:


Ask Experts

Volunteer


John L. Tidwell

Expertise

Unemployment tax law both state and federal; determination of employer employee relationship; the usual 20 commonlaw factors for making that determination; and what makes me a liable employer.

Experience

Over 20 years of field audit experience with a state agency

Organizations
none

Publications
none

Education/Credentials
Degree in Accounting from Falls Business College

©2016 About.com. All rights reserved.