Tax refund?

So my ex won’t let me claim my newborn baby (just because she doesn’t feel like) and she’ll rather give it to her mother and her stepfather for their taxes because they ask her if they could barrow the baby for their tax return. To me that’s bs and I want to know I f could do something about it because one I take care of my baby and two I’m her father and if my babymomma is not going to file taxes then the right thing to do is for to claim my own baby on my taxes. What can I do from preventing my ex’s parents from claiming my own baby? Can that even be possible?

9 Answers

  • 1 month ago

    No one can "borrow" a dependent!! That's not only illegal it's downright stupid. Whomever houses and feeds and clothes that baby--whether that's you or her mother--is the ONLY person who can take that dependent. There is a possibility that your ex's parents ARE doing this--by taking in the baby and her mother--and having them live at their house for at least 6 months of the year--and providing all means of sustenance: food, shelter, medical care and clothing. BUT--if your ex lives elsewhere, and she simply wants her parents to be able to 'claim' your daughter as a dependent, that's plain illegal to do. You need to contact the IRS--if your ex won't file taxes, and she's trying to 'give' her dependents to her parents, then she's committing fraud. 

    They can't claim your child as their dependent unless they are providing her with more than half of her food, clothing, and housing and medical care for more than half the year.. And then, if they actually ARE, they will probably be doing that for the child's mother too. But you need the facts--not just what someone says. Find out first, then call the IRS.

  • 1 month ago

    Who does the child actually live with?  You cannot do anything.  If the child does not live with you, and she as custodial parent will not sign the form to allow you to claim the child, then you cannot.  Done, over.  The parents can, assuming she lives with them.  

  • Shay
    Lv 7
    1 month ago

    Who does the baby live with.  This is one of the biggest issues.

    If the baby's mother and the baby live with her parents - then her parents can claim her and her baby.  

    You don't get to claim the baby unless the baby either lives with you for the majority of the year OR the mother signs a form that allows it.  (form 8332)

    There is some small chance that the grandparents might be illegally claiming the baby if the mother and baby has not lived with them - but that still won't let you claim the baby because the baby hasn't lived with you either.  

  • 1 month ago

    If they live with the child and you don't, then it's illegal for you to claim the child, and you can't do anything to prevent them from claiming the child.

    If the child lives with you, then the preferred option is for you to claim the child first, before them.

    If you can't do that, then you can claim the child anyway, if you file on paper, by mail, even after they file.  If you file on paper, by mail, then the IRS can reject their claim and allow you to claim the child.  (They cannot do this if you file electronically or e-file because the e-filing / electronically filing system can only process claims for children who have not already been claimed by someone else.)

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  • 1 month ago

    The parent with whom the child lives has the first right to claim the exemption or release it to another person.  This is set in stone. Period. End of story.  If you and the mother are unmarried and living together the one of you with the highest income has first call.

  • Judy
    Lv 7
    1 month ago

    If th baby lives with you, go ahead and claim her.  If she lives with the grandparents, you can't.

  • 1 month ago

    Your ex doesn't get to decide.

    The law outlines who is eligible to claim the child.

    The child can be claimed by the PARENT who the baby has lived with 50% of the nights.  If that parent, is not claiming the child, the other parent can claim the child.

    The only exception to this is if the child has lived with someone else the full year or full time since the child was born.  Then that person has the right to claim the child, unless you have been providing them support for the baby.

    Go to court and get a support decree that outlines exactly what you need to pay AND outlines who can claim the child.

    - this protects you!!!  When you do this, no one can say that you are not supporting your child.  And you don't have to worry about how many boxes of diapers you bought, mom bought, or grandparents bought.

    Good luck. 

  • Anonymous
    1 month ago

    Do the two them live her parents? Does she have a job? Do they pay for everything?  If yes, yes and yes, the grandparents can claim the baby on their return.

    Under tax law, you have no rights unless a) you and mother are the ones providing support and b) as custodial parent she signs a form allowing you to claim the exemption and credit.  So far neither of these requirements have been met.  Unless you meet the support test, the form can't be signed.  The person who said just go to court forgot this.

  • 1 month ago

    She cannot just give away a claim on her on her child for their tax return.  ONLY she or you can claim the child as "yours or her" child.  Does she have a mental problem?  File your taxes early and claim your child and report to the IRS now that you were informed by the child's mother that her parents intend to commit fraud and intend to claim your child on their taxes.  Tell them that your ex is encouraging them to do it.

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