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I'm About to Walk (a vent beware)
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<blockquote data-quote="susiestar" data-source="post: 333337" data-attributes="member: 1233"><p>It is true that tax law does NOT say whoever files first wins. Very True. Tax law is that if a person was supported by you and lived in your home for six months plus 1 day then you can claim them as your dependent. There is no provision to claim someone for half the year, to the best of my knowledge. I did look online and could find no source that said you could claim someone for half the year.</p><p></p><p>Nichole did not support herself or her child until September. If she moved out on September 1 then she supported herself for 4 months. If she claims herself and the baby she is committing a crime. Lying on your income tax is a crime.</p><p></p><p>Penalties include a % above the true amount owed AND time in a federal prison. They DO consider claiming that you were not a dependent when you AND claiming a child you did not support for 6 months or more are EACH crimes. They are not one crime, each is a separate crime.</p><p></p><p>So no matter what she does, if you do your taxes properly you will claim Nichole. I can see sharing the savings with her, esp because it will not make much diff in her return but will make a difference in YOURS. She will likely still be eligible for most of her taxes to be refunded. </p><p></p><p>When my parents took Wiz to live with them they asked if they could claim him. We had lived with them until April 1 and he went to live with them at the end of Sept, so legally we couldn't claim him. In our case it was close enough that we maybe could have contested it, but it made a HUGE difference to them, so of course we didn't.</p><p></p><p>Since then they FINALLY have stopped asking. They will not take child support in any amount from us. They say we should not have to support a child who was terrorizing us. Each year I have explained that we CANNOT claim him as a dependent because he does not live with us.</p><p></p><p>With parents who are divorced the courts can sometimes declare which parent claims the child. If the child is getting full child support from the non-custodial parent, or they have equal shared parenting, then it can take a court order to decide this. Otherwise the parents work it out somehow.</p><p></p><p>Anyway, I hope you get some rest. I am glad you are going to Nichole's nephrology appointment. I hope and pray that the doctor goes ahead and runs the tests. If not, you need to figure out how to get to a non-local hospital ER and get those tests done. Ask easy child which hospital she recommends that you go to the ER at. She should know which ones are good.</p><p></p><p>Either way, sending a hug.</p></blockquote><p></p>
[QUOTE="susiestar, post: 333337, member: 1233"] It is true that tax law does NOT say whoever files first wins. Very True. Tax law is that if a person was supported by you and lived in your home for six months plus 1 day then you can claim them as your dependent. There is no provision to claim someone for half the year, to the best of my knowledge. I did look online and could find no source that said you could claim someone for half the year. Nichole did not support herself or her child until September. If she moved out on September 1 then she supported herself for 4 months. If she claims herself and the baby she is committing a crime. Lying on your income tax is a crime. Penalties include a % above the true amount owed AND time in a federal prison. They DO consider claiming that you were not a dependent when you AND claiming a child you did not support for 6 months or more are EACH crimes. They are not one crime, each is a separate crime. So no matter what she does, if you do your taxes properly you will claim Nichole. I can see sharing the savings with her, esp because it will not make much diff in her return but will make a difference in YOURS. She will likely still be eligible for most of her taxes to be refunded. When my parents took Wiz to live with them they asked if they could claim him. We had lived with them until April 1 and he went to live with them at the end of Sept, so legally we couldn't claim him. In our case it was close enough that we maybe could have contested it, but it made a HUGE difference to them, so of course we didn't. Since then they FINALLY have stopped asking. They will not take child support in any amount from us. They say we should not have to support a child who was terrorizing us. Each year I have explained that we CANNOT claim him as a dependent because he does not live with us. With parents who are divorced the courts can sometimes declare which parent claims the child. If the child is getting full child support from the non-custodial parent, or they have equal shared parenting, then it can take a court order to decide this. Otherwise the parents work it out somehow. Anyway, I hope you get some rest. I am glad you are going to Nichole's nephrology appointment. I hope and pray that the doctor goes ahead and runs the tests. If not, you need to figure out how to get to a non-local hospital ER and get those tests done. Ask easy child which hospital she recommends that you go to the ER at. She should know which ones are good. Either way, sending a hug. [/QUOTE]
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