I am divorced and I have a son that is in no way related to my ex-husband. Can my ex-husband claim my son as a dependent on his Federal Taxes? I know Federal law outweighs State law. I have an %26#039;Order of Support%26#039; stating...
The father shall have the tax credit for and claim Mike as a dependent for income tax purposes.
Tax related %26#039;Relationship Test%26#039;?
As a custodial parent who is subject to the courts, you have implicitly agreed to sign a form 8332 and give it to the father for tax year 2007. If you do not sign, you can be held in contempt of court.
That form gives him the right to claim the $3400 exemption and the child tax credit. You retain the right to claim HOH (if eligible), child care and EIC.
Tax related %26#039;Relationship Test%26#039;?
If you had the son before you were married to him, then he became Mike%26#039;s stepfather when you married him. A stepfather has the same standing taxwise as a natural father, and divorce doesn%26#039;t change that.
If the court order has all of the required language in it, then yes he meets the relationship test and can claim him.
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