What if you have two people that are not husband and wife that live together and raise a child together!! It gets kind of strange!!! The child is suspected to be the mans daughter but is not on the birth certificate. The mothers deceased husband is on the birth certificate and the child carries the deceased husbands last name. The question is who gets claim the child? The mother has all passive income with deductions and does not get the child tax credit because of 0 taxable income. However the man has about 35K of earned income and would benefit by claiming the child. The child calls the man daddy and he cares for her as if it was his own. There is not any medical proof of paternity that he is the father. What should he do?
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AmonEa
have the gentleman marry the girlfriend. Child can continue to call him daddy. Then for tax return period 2007 he can claim mother and daughter. As for 2006 return he's out of luck.
This is what I suggest to my clients when they show up with girlfriend and her kids.
I have yet to prepare a return where they have married each other. The money they receive from other sources i.e. support for dependent children, food stamps and death benefits paid to dependent children are to good to give up. That's my conclusion. -
Another view
Until such time that a DNA test proves the man is the father and they change the birth certificate the man can not claim the child. Or as in the previous post they marry and file jointly. I would think that if they get a DNA test and change the birth certificate that all open years could be amended.Comment
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dependent
so what you are saying is that the relationship test is not met then he can claim the child as an dependent. however if dna proved that the child was his then the relationship would be met and he could amend all open years.
thanks for your help.Comment
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