My father has been claiming me for the past three years. I have not been living with him, and he has not supported me in any way. The person who had been taking care of me, couldn't claim me. Is this legal?
I am 18 yrs.
And I am not in school either.
The person taking care of me is my boyfriend. And my income was less than $3,400.
- 1 decade agoFavorite Answer
In order for a parent to claim a child there are 4 different criteria that must be met.
the relationship test - which he passes
the age test - if 18-24 must be in school full time
the abode test - must live more then half the year (fail)
the support test - must supply more then 50% support. (fail)
Other then that he must try to have you as a qualifying relative which has its own criteria. which requires the relationship test...support test...and the gross income test which is if the dependant income is less then the exception amount of $3400 this past year.
So, to better answer your question, this is not really illegal, more like a misstatement. So he won't get in trouble really if you say anything to anyone about it.
All you can do is file taxes on your own, if you cannot, and the person supporting you cannot claim you then you should make sure that the person supporting you is getting some monetary compensation for allowing you to be claimed by him.
That is the best advice I can give, anything else...you would be just spinning your wheels, because this is fairly immaterial and likely not to garner very much interest from the IRS even if you report him.
- ninasgrammaLv 71 decade ago
In order for a noncustodial parent to claim a child, the custodial parent would have to give permission. If you live with your other parent, and that parent gave written permission for your father to claim you, then he could claim you.
Otherwise, he cannot claim you as a dependent.
In order to figure whether the person you live with could claim you I would need to know if the person is related to you or not. If the person is a close relative, he/she could claim you if you did not provide over half of your own support.
If the person is not a relative, he/she could claim you if your income were less than $3,400 and the person supported you.
The above information is correct for 2006 and 2007.
- Anonymous1 decade ago
Your boyfriend can claim you (for the $3400 exemption only) if he meets all of the following tests:
1. You lived with him all year.
2. You are a US citizen.
3. You didn't file a married return with someone else.
4. Your income was less than $3400.
5. He provided more than half of your total support.
If your boyfriend *could* have claimed you, then he should have. The duplicate claim would have automatically triggered an IRS investigation.
- JudyLv 71 decade ago
No, your dad can't claim you under those circumstances. To claim you as a qualifying child, you would have had to live with him over half the year, or else have lived with your mom over half the year and she gave him written permission to claim you instead of her claiming you. To claim you as a qualifying relative, he'd have to have had to provide over half of your support. Those are the only two ways to claim someone.
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- ABADDONLv 41 decade ago
YOU NEED TALK TO A LAWYER