Claiming a child on taxes

[Bins2609]

WI.
My son is almost 18 years old and I have not been able to claim him on my taxes ever. I heard that I was supposed to be able to claim him every other year. This is what I remember from the court date as well. Is there anything I can do now?

 

[CTU]

WI.
My son is almost 18 years old and I have not been able to claim him on my taxes ever. I heard that I was supposed to be able to claim him every other year. This is what I remember from the court date as well. Is there anything I can do now?

How was your court order worded?

 

[LdiJ]

WI.
My son is almost 18 years old and I have not been able to claim him on my taxes ever. I heard that I was supposed to be able to claim him every other year. This is what I remember from the court date as well. Is there anything I can do now?

If you had a written court order that said that you could claim your child every other year, and you never did so, then your options are limited because you never took action against the other parent.

Amended returns can still be filed for 2013, 2014, and 2015 (2013 expires April 15th), but if you were not the custodial parent of the child then the IRS would not rule in your favor.

You could take the other parent to court for contempt, but again, if this has been going on for most of the child's life the other parent is going to have a defense that you did not take action sooner therefore they had no idea you wished to exercise your right to claim the child. However, you may still be able to get a judge to order that the other parent give you a form 8332 so that you can amend you returns to claim any years that should have been yours, that are still open.

 

[TheGeekess]

If you had a written court order that said that you could claim your child every other year, and you never did so, then your options are limited because you never took action against the other parent.

Amended returns can still be filed for 2013, 2014, and 2015 (2013 expires April 15th), but if you were not the custodial parent of the child then the IRS would not rule in your favor.

You could take the other parent to court for contempt, but again, if this has been going on for most of the child's life the other parent is going to have a defense that you did not take action sooner therefore they had no idea you wished to exercise your right to claim the child. However, you may still be able to get a judge to order that the other parent give you a form 8332 so that you can amend you returns to claim any years that should have been yours, that are still open.

However, this does NOT mean that you can use the child to claim EIC, childcare credits or HoH.

 

[LdiJ]

However, this does NOT mean that you can use the child to claim EIC, childcare credits or HoH.

Correct and well done!

 

[AdjunctFL]

However, this does NOT mean that you can use the child to claim EIC, childcare credits or HoH.

OP does not indicate who the custodial parent was. Those tax attributes are only available to the custodial parent (the parent the child lived with more than 1/2 of the year.)

 

[TheGeekess]

OP does not indicate who the custodial parent was. Those tax attributes are only available to the custodial parent (the parent the child lived with more than 1/2 of the year.)

A NCP needs the 8332 to claim the exemption; a CP does not. OP says he/she has NEVER claimed the child on taxes. Doesn't it make sense that the OP is NOT the CP under that scenario?

 

[AdjunctFL]

A NCP needs the 8332 to claim the exemption; a CP does not. OP says he/she has NEVER claimed the child on taxes. Doesn't it make sense that the OP is NOT the CP under that scenario?

It certainly infers that. However, until the OP clarifies I wouldn't guarantee it.