Claiming dependants on filing?

[Mark80]

[BKParalegal]

There are some trustees that require the child to be on the tax return to be classified as a dependent, your trump card isthe divorce decree. So the point is moot. You have her, you claim her. Trustee won't question it.

[Mark80]

Oh ok, so since she wasnt claimed in 2007 because of a divorce decree then It doesn't apply to me and I should be ok. She isn't listed on last years taxes like I mentioned, but if needed I can prove the decree is real and prove she lives with me from her school records.

[Flamingo]

Was this an agreement that is included in a written custody/support agreement or is this just a verbal agreement? What will protect you here if you need verification is a copy of the Custody/Support Agreement indicating that your step-daughter is claimed by you every other year. If it is a verbal arrangement, your previous years tax returns showing her as on and off every other year as your dependent should suffice and, as you mentioned, her school records should also help. Your attorney is correct - it is not that big of an issue for you and your wife.

[filingin08]

Our situation: At home it's - me, husband, child #1, child #2, child #3; total 5.

Every other weekend and holidays, etc. we add child #4 and child #5.

On our taxes we claim #4 or #5 depending on year; total 6 for tax.

Our atty said she could argue we have the added expense of one full child although we don't have #4 or #5 full-time.

We're claiming 6.

[Mark80]

Awesome guys, that makes me feel better!

Yes its in the decree, nothing verbal. If that was the case we would of fought it as him claiming her is crazy. She spends maybe 4 days a month at his moms house (he still lives at home), and pays very little in child support. I think its hould be illegal to claim someone as a dependant if they don't live with you.