Claiming my child battle

[Alisha]

Welcome to the 2019 tax return battle! Third year in a row.
Basically I’ve had my daughter full time in AZ since 2015. I claim her and been claiming her since 2010. Her father told me to put on child support in 2013. Why? Idk. But he owes me $12k in child support. I allow her to visit in summers and winter break. Anyways..
She was supposed to go to Chicago with dad but she decided to fly to Florida when we were on vacation and take her to Texas July 2019. Karmah was in AZ school January 2019 to June 2019. Since July her gma wouldn’t let me talk to her and when her dad went to texas in september they put her in Texas school and went let me talk to her or see her. Fast forward. Karmah was enrolled in texas school september 2019 to december 2019. She is still there bc I don’t want to interrupt her school year.
I filed my taxes in January. Her grandma tried filing her last night and says the tax lady said I claimed her already (how would the tax ppl know the person who claimed her) anyways my daughters father and grandma are freaking out saying I can’t claim her and she was with them more of 2019 and school records show it. That is untrue and they are threatening me. Now they aren’t letting her talk to me on the phone. I have proof she was with me. I just don’t want the IRS to delay my refund bc she’s threatening to make a false claim. Also why is she trying to claim my kid? Because he owes me cs? Me and her father still have joint custody…

Should I be worried?
I am using this tax money that is legally and rightfully mine to get a 2-3 bed home so my daughter can come home with me. She’s living in a small one bed apartment with her gma, dad, and his wife. She’s so lonely and needs her mommy again.

Has anyone been thru this?
Sorry for venting.

[Lmao]

Wow, lot of stupid people here. Lmao. You didn’t have her for more than 6 months. You can’t claim her unless there is some other reason, like a court order. Sounds like you just want the money for yourself so you can go buy things you can’t afford. I hope you get flagged and don’t get your refund.

[Corrine Redman]

Search Pub 501, go down to dependents, and click qualifying child. Pub 501 is the only source to use when asking questions like this. These sites are great for updates, general discussion, and there are some helpful people – but if you want a definite answer for the rules the irs lays out for dependents and qualifying children, look here. Is spelled out word for word, gives examples, and even the qualifying child “test”.

Grandparents can claim children as qualifying children unless their are specific court orders. Grandma just has to meet all the the tests – one being that she can prove she provided over 1/2 the support for the child.

[Justin case]

I dont THINK you should worry about it this year. Your husband will have to mail in his tax return and they will pay him also. What will happen is in about a year they will mail both of you a letter asking you to mail in proof that you she has lived with you for at least six months (I belive) and that you have a righr to claim your dependant.

In my opinion I think the fair thing to do is agree to split the refund but I would make sure I/you get a receipt and have him sign it with a witness incase he pulls a shady move a files anyways.

[Gene taxpayer]

Sounds like a bunch of lowlife drama to me.

[Fawn]

Definitely go over the court order first and foremost. I reside in AZ as well. One of the conditions in place is that my ex, must pay all of his arrears before claiming our daughter on taxes.

That being said try not to get too wound up and become frazzled. A clear mind is essential during times like this.

[Ellac]

Alisha- they can try all they want. Grandma has no right to claim her at all she’s not on the court docs as a legal guardian so I would report her to IRS and let them know what she’s trying to do then contact a lawyer to put a stop to this and get your daughter back. They have no right to keep her from talking to you or going back home either.

[Alisha]

I was and been custodial parent since 2013. She is in tx with her grandnaand dad since late July. He’s saying he has full custody but won’t show documents. I filed already. I have records. We have joint custody but his mom is trying to claim her. I’ve contacted every state we lived in. Including our home state. He’s a liar. My returns been accepted. Waiting till the 15. I don’t want it delayed. I don’t believe it will be but I just need pols advice! They won’t let me talk to her now over money. I’m so frustrated. He can not claim her bc the amount of child support he owes. I’m dealing with a racist gma and bd that are holding my child over my head.

I just need this money to go thru in 2 weeks so I can get my baby back. :'(

[Perry]

This should have been part of your court order for custody. There’s a question when you file that asks if that dependant lived there for 6 months or more and that’s probably what they’re looking at. However that doesn’t override a court order. It will delay your refund but if it’s on your court order you’ll be in the clear and they get flagged for fraud.

[La’Taniana’Bo’Vanashrianiqualiquanice]

mines bbay daddy tryn’ pull this ish of me. I filed on january 1. solved dis ish. dum ass

[Kate]

I know nothing about those two states but July would make it at least 6 months with them. That is over half the year. Is there something in the custody order? Which parent has placement. If Texas is like other states I know jurisdiction for custody and visitation would now be in Texas. I would be speaking to a lawyer if I were you.

[Marshmella]

You say you haven’t talked to her since July? And shes still there as of this month? That sounds like kidnapping to be honest with you. A friend of someone I know went through something very very similar.

[Ellac]

Alisha: you need to look at your court records to see who can claim her on taxes.

[Author]

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