General Question

thetmle's avatar

Income tax question?

Asked by thetmle (691points) April 12th, 2008 from iPhone

My friend was common law married and he has a daughter. They split up and his wife moved out of his apartment last September. His wife and kid moved in with his mom. She doesn’t work and he gives her $200 a week. For taxes he claimed his daughter which made his ex and her mom angry since his ex’s mom wanted to claim the kid and his ex. Ex’s mom hasn’t filed yet, but he already did. Ex’s mom wants a copy of his taxes so she can get it ‘notarized’. I can’t imagine why she would want that and what she could do with it. My question: was he right to claim his daughter and can ex’s mom do anything about it? Thanks in advance guys!

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7 Answers

gooch's avatar

He can claim her because he provided over half of her support and she resided with him over six months

thetmle's avatar

To clarify: the wife and daughter moved in with the wife’s mom. This is in Texas, BTW

thetmle's avatar

@gooch
that’s exactly what I told him and I also said not to give her a copy of his taxes!

gooch's avatar

I would not either nothing good can come from handing over your personal information.

LunaFemme's avatar

If they are still married they may want to file MFJ it Iis WAY more advantageous then MFS. If they have not yet divorced he may want to consider who claims the child as a dependent in the settlement. HOH is the second best fiiling status.

If a dependent is claimed by more than one person, then the IRS will step in & apply a set of tie breaker rules to determine who has the superior claim for the dependent. You can find the tie breaker rules @ www.irs.gov.

You may want to advise your friend to chat with a tax specialist as a precaution. And, finally, I would only turn over a copy of my tax return to her if I was advised to by an attorney or compelled to for some other reason. I don’t think I would do it voluntarily.

LunaFemme's avatar

shoots I just snaped to the common law marriage part. Again there are a set of guidelines from the IRS that will tell you how to handle the situation. Depending on the state they may still have to go thru a legal divorce process. Your friend may want to seek an attorney’s advice, especially considering the custody issues.

cwilbur's avatar

Do they live in a state that recognizes common law marriage? Most don’t.

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