IRS and Tax questions...? Help!?

Question

My fiance claimed my son on his taxes, we've been together over a year, and all of a sudden the IRS is saying that my fiance cant claim him because they arent blood related... The reason we're having such a problem is because my son's father, (or sperm donor rather) claimed him first... I was raped when I was 15 and this guy is d**n lucky he didnt go to jail. Now the government is just going to give him this money, for a child he NEVER did ANYTHING for? It sounds crazy to us. People go around claiming other people's kids, whom they have absolutely no rights to, but my fiance who helps take care of my son, and has been with him cant claim him??? This is crazy, and if anyone can tell me anything I'll appreciate it alot. Thanks...

Answer 1

Your fiance can't claim him, but neither can his biological dad unless your son lives with him over half the year or there is a valid court order saying that he can. Most likely, BOTH claims were rejected.

The only thing the bio dad's claim did was call to the IRS's attention that your fiance was claiming him when he wasn't allowed to.

You are right that people go around claiming each other's kids - that's why the IRS is looking closer at claims to verify them.  If you made $3400 or more for 2007, then your son is YOUR qualifying child and your fiance can't claim him even if you don't.  His bio dad can't claim him either though.

Answer 2

Show proof to the IRS that your fiance has provide support through out the year.  It is up to you to present all the information to the IRS and then they will investigate the sperm donor rapist return.

Answer 3

If the biological father did not live with the child, he cannot claim the child as a dependent unless you sign over permission.  I assume this did not happen.

Although your boyfriend cannot claim the child as his own child ("qualifying child") , it may be possible for him to claim the child as a "qualifying relative".  In order for him to do this:

1.  You must not be required to file a tax return.  If you do file a tax return, you do so only to get a refund of tax withheld.

2.  Your child must not have income of $3,400 or more.

3.  Your boyfriend must have provided over half of the child's support.

If this applies to your case, amend the return and change the child's exemption from qualifying child to qualifying relative.  If you don't know how to do this, find a preparer who does know how to do this.  These rules were clarified by the IRS late in 2007 and are retroactive to 2005 and 2006.

By claiming the child as a "qualifying relative,"  your boyfriend would get a tax exemption.  He would not get the child tax credit or earned income credit based on the child.  However, this would prevent the biological father of taking advantage of you (again).