86 Comments on Tax Tips for Single Moms

Jan Roberg on Thu, 6th Jan 2011 2:09 am


I posted this blog this morning and this afternoon I spoke with a woman whose child had been illegally claimed by someone else. If this happens to you, you can fight back. If your e-filed return gets rejected because someone else has claimed your child, what you need to do is keep your child as a dependent on your return and mail it to the IRS. It forces an audit on whoever claimed your child. (You’ll have to answer the same audit questions, but it’s your child, you’ll know the answers. You win!)

Sam on Fri, 4th Feb 2011 12:50 am


hi there, I was curious to know what expenses(with regards to my self and children) or donations i’ve made I can get a refund/percentage back from when I file taxes as a single mom/head of household?

Jan Roberg on Fri, 4th Feb 2011 5:27 pm


Hi Sam, Thanks for asking.

Generally, a single mom (or single parent) qualifies for all of the same deductions for donations and stuff like that, that any other person might qualify for. The two biggies of course are the Earned Income Credit and the Child Tax credit. After that comes the child care credit-if you have to pay for child care while you’re at work. If your child is older, there are the education tax credits-the best one is worth $2500.

If you file a Schedule A – the form where you itemize your deductions, there are some things that are pretty much “parent type” donations as well. For example, if you are your child’s scout leader, then you can deduct your mileage and your expenses related to being a scout leader. Same goes for being the class mom at school You can’t deduct for the value of your time (don’t I wish though) but you can deduct your expenses that are directly related to the organization.

Don’t forget to claim the resale value of the items you donate to the Good Will. Cribs, baby clothes, maternity clothes. You can’t claim what you paid for them as your donation but you can claim what Good Will would sell them for.

I hope that answers your question.

Heather on Sun, 1st Jan 2012 6:16 pm


Hello I was wondering who would benefit more from claiming our child, me or his dad? We live together, both work and both pay bills. Just wondering who would get more back. Thank you!!

Heather on Sun, 1st Jan 2012 6:17 pm


Sorry forgot to add that we are not married,,,

Jan Roberg on Sun, 1st Jan 2012 6:43 pm


Hi Heather,
that’s probably the number one question everybody needs to ask. The answer is: “It depends.” You and the Dad are not married, and I’m assuming that he is the biological father. You’re both custodial parents, you’re raising your child together so either one of you can claim your child legally. So–who get’s the better deal? It’s all going to depend upon how much each of you make. If you were fighting–the IRS tie breaker rules always go to the parent that makes more money. But you’re not fighting, you’re in this together so you can chose. I would run both of your tax returns both ways and see what works out the best for you as a family.
I have one warning: You could potentially run into an issue with “head of household” status. Technically, the person with the higher income is providing more than half of the support. If your incomes are close together, I don’t worry about that very much–there’s a whole worksheet on figuring support and it can be manipulated a little bit in one person’s favor. If one of you makes a lot more than the other one, where clearly one of you is providing the support for the household, but the other one would be able to claim more on an Earned Income Credit, the lower income person could claim the child for EIC but claim single as the filing status.
Like I said, if your incomes are close–I wouldn’t worry about it and just do what works out best for your family. If your incomes are far apart–and the whole head of household thing freaks you out, go together to a tax professional and have her work out the best strategy for you as a family.

Francheska on Sat, 14th Jan 2012 11:08 pm


Hello, I have been wondering this for the longest time. I have a 10 months old little boy. The father and I are not together. However, we do get along and the father gets my son every other weekend. His income was a lot more higher then mine this year, but I worked for a total of about 4 months getting minimum wage. The question is which one of us would get more back for the little one. The father is willing to share whatever he gets back with me since I provide the most for my little one. But I’m not going to let him claim him if I would get more back. Someone please help me. Would I be eligible for Earned Income Credit??

Sincerely,
Francheska

Admin Roberg on Sun, 15th Jan 2012 4:00 pm


Hi Francheska,
Since you and your boy’s father are not together, and the child is living with you, your ex cannot claim the chld for EIC, but you probably can. To figure out how much EIC you can get, here’s a link to the IRS website. It’s a calculator that will tell you how much EIC you’ll get based upon your income: http://apps.irs.gov/app/eitc2010/Forward_2010_Calc.do;jsessionid=qJxLPS2f0QKy9c6hLhB0WtQVhTJBx2knhXPM2lVwNDF4PqphG8FK!396704386!724040490

Now, you may be able to split your exemption with the father, you claim EIC and head of household status (if you qualify) and the father claims the exemption and the child tax credit. Here’s a link about doing that: http://robergtaxsolutions.com/2011/11/split-exemption-claiming-one-child-on-two-tax-returns-%E2%80%94-the-legal-way/ If you did that, you would need to sign a form 8332 to allow him to do that.

You might want to get a professional to help you if you wind up splitting the exemption, you want to make sure that it’s done right. (Otherwise someones return will get rejected and it’s a pain in the backside.) Good luck.

Gena on Mon, 16th Jan 2012 9:04 pm


Hello, i have a 3 year old and the father and i are not together. My son and I have lived with my boyfriend for about 6 months in his house. When we do our taxes does my boyfriend file HH since he owns it or since we arent married does his stuff not have anything to do with mine? We split the bills but since he makes more than me he pays most of them. So my question would be since technically im “single” should i file Single or HH?

Jan Roberg on Mon, 16th Jan 2012 10:08 pm


Hi Gena,
You’re kind of on the borderline for the Single vs Head of Household filing status. Your boyfriend would definitely file as single. Here’s my quick and dirty test to see if you should claim single or head of household–prepare your tax return using the head of household filing status-claiming your son, EIC, child tax credit, etc. See what your refund is. Got it? Okay, now change your filing status to single. Does it change your refund? If the answer is no–then you probably should not claim head of household status because your income is so low. If it does change your refund–then you probably should be claiming head of household status.
I realize that this doesn’t exactly jive with the IRS worksheet, but I’ve found it to be pretty reliable and much easier than the head of household worksheet the IRS provides. Especially in your case because you only lived with your boyfriend for 6 months–so you’ve got another 6 months where he wasn’t providing support.
Bottom line, since you and your boyfriend are not married, basically his stuff has nothing to do with your taxes.

Jamie Kaeding on Wed, 18th Jan 2012 4:49 am


I am a single mom but I am living with my 4 months old father. We are wondering which one of us should claim her. I made about $12,000 last year where he made closer to $50,000…. We don’t understand all of the rules and where it would benefit us more.

Admin Roberg on Thu, 19th Jan 2012 2:34 am


Hi Jamie,
So I’m thinking that you and the Dad are a happy couple and you’re “together” and trying to make a family that works, right? So I’m giving my advice based on you three being a family unit, okay?
Your best bet is to go online and set up your tax returns. Both of you. You can even do it from here–click on the do it yourself link.
Because you are both the parents and you live together, you both have a legal right to claim your baby. So, you need to figure your best overall solution. You have two scenarios:
1. You-file single, claim baby, EIC, child tax credit
Daddy–file single, no baby, no nothing

2. You-file single, no dependent, but you might qualify for some EIC because of your income
Daddy-file head of household, claim baby, child tax credit

See which scenario gives you the best refund.

monica on Fri, 20th Jan 2012 7:32 pm


Hi i have a friend who has 2 children she has been in college and supporting herself and children by using student loans and recieveing state assistance. please Tell me how she can file taxes. is she able to use the unearned income credit? what other options does she have? Also she worked as a student apprentice at a salon for i month and earned only tips. please help. Thank YoU!

Admin Roberg on Sat, 21st Jan 2012 3:14 am


Hi Monica,
Student loans and state assistance don’t count as earned income so that won’t help her with her taxes. But those tips may help a little. It won’t count for much but it’s better than nothing.
But here’s a question for your friend–how’s she getting by? Does she have a roommate? Is she living with a parent? If she’s living with a parent, her parent might be able to claim the kids on their tax return. A roommate might also be able to, but the rules are really strict and they wouldn’t qualify for EIC or a child tax credit so it’s not a real good option. Sorry.

melinda on Sat, 21st Jan 2012 4:00 pm


I live in a different state than my daughter who resided with her father. He put her out on the streets in May. My parents took her in. With her residing with my parents for more than 6 months they claimed her on their taxes. IRS rejected the taxes because her father claimed her. How should my parents proceed? I have documents from her school showing when she was absent from school due to him kicking her out. Would that suffice?

Admin Roberg on Sat, 21st Jan 2012 5:52 pm


Hi Melinda,
I’m attaching a link to a page that may be more helpful to you: http://robergtaxsolutions.com/2011/01/my-ex-claimed-my-kid-now-what-do-i-do/
Even though your parents are not the ex, they still will follow the same procedures.
Bottom line, they’ll take their tax return and mail it in instead of e-filing. That will get the ball rolling. Good luck.

Kevin on Sat, 21st Jan 2012 6:25 pm


Hello, I live with my girlfriend and our 14 month old son. She has been a stay at home mom for the past year and has not earned any income. Am I allowed to file as head of household and claim them both as dependants? Since she has had no income whatsoever, I assume she would not qualify for any sort of tax credits. Thank you for your time.

Admin Roberg on Sat, 21st Jan 2012 7:36 pm


Hi Kevin,
I’m assuming that you are providing for your girlfriend and your son and that they have both lived with you for over 6 months. So yes, you can. You can claim your son as your qualifying child and, since your girlfriend has no income–you can claim her as a dependent too.
Now, if you’re both living with her parents or something like that, then you can’t claim your girlfriend, but as the biological father, you can still claim your son.

sheena on Sun, 22nd Jan 2012 9:57 am


I live with my 2 yr old and her father as well as with my parents, my fiance made about 25000 and im guessing i made about the same or less because of my hours decreasing…im also wondring who should claim my daughter….last yr i claimed her but not ubder head of house hold, i claimed single….what should i do..

Admin Roberg on Sun, 22nd Jan 2012 2:42 pm


Hi Sheena,
Personally, I would sit down with the father of your two year old and work it out together to see what’s the best tax situation for the three of you. With an income of $25,000 each, I’m not feeling like your parents are supporting you. I’m guessing that you two are paying rent and stuff like that.
As far as claiming head of household, assuming that your incomes truly are about the same, whoever claims the child will claim head of household.
Okay–tax geeks reading this will gasp and go “Oh NO! Head of household has to provide more than 50% of the support! If he makes more, she can’t be head of household!” And that’s absolutely true–but–if you’re pretty close income wise, then you can make a very good argument that you do provide more than 50% of the support for the household. Because you’re paying the household expenses and the father is paying for entertainment expenses and things unrelated to the household. (Or at least you allocate it that way if there were ever an audit issue.)
But at your income and the fact that no one will challenge you on claiming your 2 year old, I have not problem with you claiming head of household.
So run the numbers both ways, see what works out best for you as a family, and take the difference between filing one way versus the other and put it into a savings account for your 2 year old. That gives you a win/win/win situation.

AMBER on Sun, 22nd Jan 2012 11:59 pm


i am 22 single mom and live at home with parents.My daughter is 3. i have lived here for the whole year. I have worked from oct 2011-present. wen to school partime nov 2010-sept 2011.

Can i claim my daughter on my taxes as my dependent. My parents keep telling me they should be claiming her bcuz i love at home with them and they pay the morgage and heat water food bills.

Also her father cannot claim her he is not in her life.

So what i need to know is…..Should they be claiming her as there dependent or me.?

Thank you

AMBER on Mon, 23rd Jan 2012 12:00 am


also….what should my filing status be?

AMBER on Mon, 23rd Jan 2012 12:01 am


And they do make more money than me : )

AMBER on Mon, 23rd Jan 2012 12:02 am


and i do have a car payment if that matters?sorry

Jan Roberg on Mon, 23rd Jan 2012 1:36 am


Hi Amber,
What I like about your situation is that it sounds like you live in a loving family with loving parents that love you and your daughter. So this is a great situation. Now here’s what I think is going to be the best solution for you all as a family–
1. I think that your parents should claim your daughter–exemption, child tax credit and anything else that goes with it.
2. I also think that your parents should claim you–here’s why
a. you’re only 22 and were still in college for most of 2011, that means you can qualify as their dependent
b. not only will they get a deduction for you, there’s also a college tax credit for tuition that they paid (or you paid.)
c. I’m guessing that your income was pretty low so you wouldn’t get nearly as much for claiming yourself (or your daughter) as your parents would.
3. So you would file your return as single with zero exemptions.

But I could also be way wrong here. Depending upon how the numbers play out. So although I think what I just told you is the best solution–you might want to mock up a fake return first to see if the numbers pan out the way I say they will. You can use the 1040.com link, you don’t pay unless you actually file a return.

Here’s what you’ll see–you’ll get a bigger refund if you claim your daughter instead of having your parents claim her–that’s going to be a no brainer. The issue is what’s the biggest refund when you combine your tax refund with your parents?

You are legally entitled to claim your daughter on your return–no argument. But, do file as single and not head of household because they clearly support you. But because you are a united family unit–you have the right to choose not to claim your daughter on your tax return and allow your parents to claim her. This is not illegal and it’s quite possible that it may be the best solution all the way around.

There’s potential for a win/win/win situation–money back for you, money back for your parents, and the extra money that comes because you planned it out will be money to put in your daughter’s savings account so that she’ll have money for college when the time comes.

Talk it over with your parents, but I think working together with them is your best option. Good luck.

shiny on Mon, 23rd Jan 2012 7:38 pm


Hello I hope you can help me this year my sons dad gets to claim him, he has not seen are son in a year. In are big D paper work this is his year. Can I claim are son as head of household on my Taxs.

Admin Roberg on Tue, 24th Jan 2012 1:21 am


Hi Shiny,
If you are divorced, and you have custody of your son, then you may claim him for head of household and for EIC (if you qualify.) You ex–because of your agreement, may claim the exemption and the child tax credit. Here’s a blog post that tells you more about it: http://robergtaxsolutions.com/2011/11/split-exemption-claiming-one-child-on-two-tax-returns-%e2%80%94-the-legal-way/

Shea on Tue, 24th Jan 2012 12:59 pm


Hi I have town children and the father and i are not together. I was letting his clam one and I clam the other but about two years ago he has not been supporting the children enough to clam. I ask his not to clam in 2010 tax and he did anyway. I didn’t fight it however, I did express for it not to happen again. He didn’t any of that money on the children and I didn’t see a dime of it. This year I efiled clam both my kids and my efile was rejected. I know he claim my son and I am so upset. What should I do?

Admin Roberg on Tue, 24th Jan 2012 9:08 pm


Hi Shea,
You’re going to mail your tax return in to the IRS. Here’s a post that explains what will happen: http://robergtaxsolutions.com/2011/01/my-ex-claimed-my-kid-now-what-do-i-do/

The important issue is going to be: who do the kids live with? I’m thinking it’s you, therefore, you can file for them. Read the other post, it will tell you everything. Good luck.

melissa on Sat, 28th Jan 2012 1:09 am


hi i was woundering can i claim my child that will be born 2012 on my tax?

also i made 6000 something last year because i had to stop working cause im pregnant do u kn how much will i get back

Admin Roberg on Sat, 28th Jan 2012 11:10 pm


Hi Melissa,
You can’t claim your child until after it’s born. I have no idea how much you’ll get back because I don’t know all the facts. You can run the numbers yourself just by clicking on the “do your own 2011 taxes” link at the top. There’s no charge to run a practice return and if you only need a 1040EZ, then it’s free.

Cassie on Tue, 31st Jan 2012 12:10 am


Hi My boyfriend and I have a one year old together. I stay at home with our son while he works full time. I dont work. He also has a 9 year old daughter which stays with us weekly but her main residence is with her mom. He has had his current job for the exactly a year now, but the 2 years before that he had problems with keeping a steady job and fell about $ 6,000behind in child support. I think because I didnt work, I cannot file a tax return correct? So he would claim our son. But would the return he would get be confiscated by the state and used to pay off his child support debt? And if they would keep his return is there any way i can file and claim our son? which is the best way to go here? I know he needs to pay up his debt but not using the money we would get for our son. We barely make it as it is. Thank you!

Jan Roberg on Tue, 31st Jan 2012 3:00 am


Hey Cassie,
If you had no income you wouldn’t get any refund back so it wouldn’t do you any good. This might be a good way to help your boyfriend clear up his debt. I know, you hate for money for your child to go to someone else–but since you would get nothing–at least you are helping your boyfriend solve his problem.
Sorry, I know it’s not the answer you wanted to hear.

iris on Tue, 31st Jan 2012 7:39 am


Hi, im 23 and I have a 5 month old baby and I live at home! My older brother pays for all my daughters expenses and would like to claim her. We do live with our parents but my father has identity theft so they always end up paying rather than recieving money back. Im confused on what to so especially since my mom needs to file from 2 years back as well. Also what can I deduct on my brothers income taxs? Will her crib and baby stuff be able to be added as a deduction???

Jan Roberg on Tue, 31st Jan 2012 5:33 pm


Hi Iris,
It’s possible that your brother could claim your baby–but you could also be walking a slippery slope. First–what about you? Do you have any income? Second–what about your parents? Who provides the support for the household? And where is the father of the baby? There could be issues with him too.

You can’t claim a deduction for baby stuff like a crib. Basically, you get an exemption and maybe a child tax credit–no baby deductions.

It’s possible that your brother may be able to claim her–but there’s a whole bunch of unanswered questions that need addressing. I don’t think you should go this alone. Here’s where to find free tax help: http://irs.treasury.gov/freetaxprep/

Like I said, your brother might be able to claim your baby, but you’ll want to cover your behind because you’ve got other issues. I don’t want to just say yes or no, and have it be there’s information I’m missing. Good luck.

iris on Tue, 31st Jan 2012 7:04 pm


Her father wants nothing to do with her, no acknowledges he has a daughter. He has never seen or called for her, nor is on her birth certificate. I have never filed child support either. My brother is the sole provider for her. Im not working my family and i decided id be a stay at home mom till my daughter is 1. As for my parents they have 2 taxs from previous years that need to be taken care of as well. So im not sure they can even claim her or will have the money to do there taxs on time this year. The have to pay over 300to just to get their taxs done.

Jan Roberg on Tue, 31st Jan 2012 9:01 pm


Here Iris: http://apps.irs.gov/app/eitc2011/SetLanguage.do?lang=en
That’s the link to the IRS website. It’s a questionaire that basically helps you determine if your brother can claim your child on his tax return.

Be sure to answer all of the questions honestly and it will guide you to the correct answer. I’m guessing yes, but you’ve got other issues. This will go through all the questions that you need to answer. Better to be safe than sorry.

chelsey on Tue, 31st Jan 2012 9:05 pm


hi im still legally married to my husband who just withdrawn from the marine corp 3 months ago. Were currently going through a divorce, i just received the papers 4 weeks ago. We have been split up for over a year so while he was stationed in NC and living there, i lived in MI with my son who is 2. I have financially provided for him the past yr and i live on my own with my son. I work at a bar and get paid under the table. I go to school and while im in school my mom takes care of him. Would it be more beneficial to claim im seperated (goign through a divorce) and claim my child without him, or should we file jointly because were technically still married. Which would get the most money becaus eim debating whether or not to help him out and file jointly even though ive provided for my child on my own.

Jan Roberg on Tue, 31st Jan 2012 10:10 pm


@Chelsey,
Legally you are allowed to file a head of household and claim your child because you lived apart for at least the last six months of last year. So that is an option for you.
If you are trying to have an amicable divorce, and if he’s a decent guy and not some horrible person, I recommend filing jointly and splitting the refund. If you file as head of household, he’ll have to file Married filing separate and it will totally mess up this taxes.
Then, if you can bear it, you two should sit down and talk about what the future holds for the three of you–child support, claiming taxes, and stuff like that. He’ll need to change his withholding so that he doesn’t get burned next year at tax time.
One thing you two should consider–the difference between you filing together versus separate–use the extra money to put into a savings account for your child’s future. That’s a compromise you can both feel good about. Good luck.

Mburks on Wed, 1st Feb 2012 12:24 am


Hello Ms Roberg, I’m being reviewed by the IRS due to my daughter father, and I have both claim her in 2010, its 2012 and Im waiting on my tax refund because I claim her this year, she lived with him part of 2010 and I have custody of her now she lives with me. Do I have to pay back money to the IRS or do he because I lost my job 12/2011 and my bills are piling up. I also claimed my son who is not his child and I receive EIC, but I’m being reviewed and this is the first time this has ever happened to me. Do I receive a refund still.

Jan Roberg on Wed, 1st Feb 2012 2:36 am


@Mburks,
Those reviews are pretty scary aren’t they? First things first–your daughter lived with your ex for part of 2010–but did she live with your more? You’ve gotten that letter and you’ll have to prove that you had her more than your ex did. If that’s true, then you should win your case. If he had her more, then he’ll win the case and you will have to pay back the money.
So the first thing you want to do is settle that issue.
Now–if you owe the IRS money, they will take it out of your refund for 2012–that’s not so good.
The other issue is, you lost your job–if you do owe the IRS money, you need to contact them and explain that you lost your job. Ask to be put into “currently uncollectable status”. You’ll still owe the money and interest will accrue, but it will at least keep the IRS dogs at bay while you try to find a job and get yourself back on your feet. You should be able to do that without hiring a professional. Currently uncollectable is only for if you owe the money. If you are going to win your case–don’t bother with that–work on your case.
Get all the information and supporting documents to show that your daughter lived with you during 2010.
If you don’t owe the IRS money–you will get your refund, but it could be delayed until your case is resolved. Good luck.

deneashia on Thu, 2nd Feb 2012 12:38 am


hey i just filled my taxes and i put myself as head of house hold is there a way i can change it because my parents want to put head of house

Jan Roberg on Thu, 2nd Feb 2012 1:38 am


@Deneashia–
Hey there. I think you might want to have someone help you with this, you’ve got a whole lot of issues that I bet you didn’t even realize. For example: your parents want to claim head of household? Are they married? Because that would make them married filing jointly which is better than head of household.
Second–do you want them to claim your child? Does this make sense? Do you have income? See what I mean? Lots and lots of questions.
You can get free tax help by typing in your zipcode and finding a location near you: http://irs.treasury.gov/freetaxprep/
And it’s probably all fine and good, you’ll just need to amend your tax return–but, you want to make sure that what you’re doing is right and won’t come back to haunt you later.

Apap on Fri, 3rd Feb 2012 4:34 am


Hi so Im a single mom who lives with my own mother. I dont work bc my little boy stays sick. So my mom claimed me and him and is suppis supposed to split what she gets back for me and my son. but what Im trying to figure out is what sshe will get back. She made between 15-20 grand last year. She also claimed my 25 yrold brother who doesnt work but gets SSI. I want 2 make sure I get whatever extra was given.

Admin Roberg on Sat, 4th Feb 2012 2:14 am


Hey Apap,
You can log into the “do your own taxes” site and figure it out yourself. I can’t possibly tell you what your mom will get back on her return without all of the facts.
Now, you can log into the “do it yourself” part of the website and figure out what you’d get if you filed your own return claiming your child as a dependent. That’s really all you could ask your mom for.
But, if she’s truly supporting you and you have no income–well then she technically doesn’t have to give you anything.

Sophie on Mon, 6th Feb 2012 4:20 am


My daughter was born July 21st. I read somewhere that to qualify for EIC, your child has to live with you more than half the year. Is that true, and if so, will I not qualify?

Admin Roberg on Tue, 7th Feb 2012 2:16 am


Sophie sweetie,
Trust me, that child’s been living with you for the full year! Sorry, but it’s true. And legally–you’re fine. Even if your child was born on Decebmer 31–your child would count as having lived with you for the full year.
So even though your baby hasn’t been alive for over 6 months, you claim the full year on your tax return.
Congratulations on your new baby!

Vanessa on Wed, 8th Feb 2012 5:33 am


hello!! I’m so glad i found your blog. I’m 22 year old single mom to a handsome to a 16 month old little boy. I’m also a part time college student. My parents claimed me and my son on their taxes last yr,and I received 2200 child tax credit. However i moved out my parents house on December of 2010 and have been supporting myself since. I clean houses, tutor and sometimes babysit to make ends meet. no W2 form. I get payed cash daily or weekly. Since this is my first year doing taxes on my own I had no idea on “self employment rules” I opened a bank account on July of 2011 so I only have a 6 month period of bank statement to proof my income. However, since i get payed cash, I’ll end up spending most of it on groceries, diapers, wipes, household items and food before i even make it to the bank… sometimes there is no money left to deposit. I usually pay my rent in cash, I know big mistake but i have receipts. I don’t have a steady job, I’ll work for different ppl all the time so my concern is will i get audited and if so how do i proof my income?? will I get EIC for my son or college? will i have to pay more that my refund? i make approx 400 a wk if that helps. Do i file as head of household? or single?
Thank you very much for taking the time to read this, I appreciated in advance.

sarah on Wed, 8th Feb 2012 4:44 pm


Ive only worked for a few months this year. We live with my boyfriend of 6 yrs. I have a 9 yr old an his father will not be filing for him since hes always lived with me and i dont get child support. Can my boyfriend claim me us?

Katie on Thu, 9th Feb 2012 12:22 am


Hi hope you can help. I am a single mom going to college full time. I get grants, loans, and other financial aid. I also sell plasma for extra cash. I want to file to get the Child Tax Credit. I heard that low income individuals may be able to average previous years, pay the tax, and receive the refund. Is this true?

Admin Roberg on Thu, 9th Feb 2012 3:48 am


Hey Vanessa,
Of course he’s a handsome boy. (No the IRS doesn’t care if your kids are cute or not, but I always like to hear from proud moms.)

Okay, you’re going to need to work on proving your income. From now on–you go to office depot and get one of those receipt books and everybody who pays you gets a receipt. You get one of those books with the automatic copies in it so your book is your proof.

You have a backwards problem: usually, I’m trying to help people try to lower their self employment income. You’re trying to show you have some. I’m guessing that you have no W2s either.

So are you still in school? Are you under 23? If so, you might want to let your parents claim you again. They can prove their income, and as far as the IRS is concerned you’ve got no income. This isn’t good for your ego–but it might make the most sense for you. With no receipts, no bank statements, essentially nothing to prove your income–and claiming EIC–that’s an audit waiting to happen–an audit that you’ll lose.

If you’re in college, even though you’ve got an apartment, you count as living at home. I know it’s not the answer you want to hear, but now you know and you’ll be prepared for next year.

Admin Roberg on Thu, 9th Feb 2012 4:01 am


Hey Sarah,
If you made less than $3700 this year you could have your boyfriend claim you. You could also have him claim your child as a “qualifying relative” not a “qualifying child”–that means no EIC. Read this post: http://robergtaxsolutions.com/2012/01/can-my-boyfriend-claim-my-child-by-a-different-father-on-his-tax-return-for-the-earned-income-credit/

It’s important that you know what you can and cannot do.

Amber on Thu, 9th Feb 2012 4:48 am


Hello, I’ve got a question. I’m not a single mom, but I am a mom. (I got married after my daughter was born.) My question is actually about my 2010 taxes. My daughter was born in 2010, and that year we did our own taxes, married filing jointly. When we did then, we filed a paper return and got the check in the mail. After our refund got here (for the Earned Income Credit) we received another letter saying that we were eligible for the Additional Child Tax Credit. We had no clue what this was about, since we had already received our refund. Is there any way that we can go back and fix this now, and receive the $1000 for the Additional Child Tax Credit? We would have made the same mistake this year, save for the fact that our county opened its first VITA site this month and I was too confused with the Pell Grants we had received to even bother trying to do it myself. Thanks!

Admin Roberg on Sat, 11th Feb 2012 1:13 am


Hey Katie,
Sorry but there is no income averaging for you. Here’s my question–how do you survive? I don’t mean that meanly–I mean, you obviously don’t make much money. Do your parents help you out? Are you living with your child’s father? Perhaps someone should be claiming you on their tax return, and your child too. If you’re a student and under 24 your parents could still claim you. If you make less than $3700, someone you’re living with could claim you as a dependent (no EIC, but an exemption.) Hope that gives you some options.

Admin Roberg on Sat, 11th Feb 2012 1:33 am


Hi Amber,
Yes, you can go back and amend your 2010 tax return and claim the child tax credit. I bet your VITA office can help you with that too. It’s really not difficult at all.
Let me give a shout out the the VITA workers, they really do provide a valuable service to people for free. (They’re also a good training ground for tax preparers–I just stole one to work in my office this year.)

Lauren on Fri, 17th Feb 2012 9:51 pm


Hello I am a 23 year old single mother. In 2011 I did not have a steady job but I did have a babysitting job, that payed under the table. I recieved state aid also this year. Even though I did not work on the books last year but should I file taxes or expect eic with my 2 year old?

Admin Roberg on Sun, 19th Feb 2012 2:51 pm


Lauren dear,
Listen to what you are saying.
1. I’m getting paid under the table–meaning I’ve got income but I’m not reporting it, I’m cheating the government.
2. I’m also receiving state aid–but I’m not telling them about my income, because I’m cheating the government.
3. So how can I cheat the government one more time and claim an Earned Income Credit by claiming the money that I’m not claiming for taxes on my taxes?

But I know that’s not what you really mean. If I really thought you were trying to cheat the government, I’d just delete your post. I’m so positive that’s not what you’re thinking that I want to keep your post up because it’s important to make sure that people understand the language of taxes. Sometimes using the wrong words can get you into trouble.

First and most importantly–you need to lose the language about “getting paid under the table.” You were babysitting you got paid in cash. That’s not a crime. Lots of people do that, we’re called “self employed” or sole proprietors. As a babysitter, you may might be able to claim that you were a “household employee”.

If you received state aid, you may be entitled to work a little. All states are different, but as long as you follow the rules of your agency, you’re okay. It’s not crime to receive state aid as long as you’re not cheating them.

So, now that we’ve established that you are a legitimately self employed child care giver, you’re asking about filing a tax return, reporting your income, and perhaps getting an Earned Income Credit when you claim your 2 year old child? Is that correct?

So what you’ll have to do to claim EIC, is be able to prove your income from your babysitting business. How will you do that? Did you keep records? Did you give your customers receipts? Can you show your income from bank statements?

Professional tax preparers are required to do “due diligence” on people claiming EIC. If we don’t verify how you earn your income, we can be fined $500 per instance for not checking things out. I don’t have that kind of money to spare, so if I were doing your return, I’d be asking you to provide some proof of your income.

For 2012, now that you know all the rules, you can be better prepared and run your babysitting more like a real business and maintain a log book, give customers receipts, etc. Then you won’t be scrambling at this time of the year to pull together records.

So, you’ve got your new language right? You’re a self-employed small business woman who’s trying to work her way off of state assistance. I think that’s a pretty fair and accurate way to describe you, don’t you?

Ashley on Tue, 21st Feb 2012 2:46 pm


Hi I am a single mom and new to the whole tax filing situation. I was told I could not claim my son with earned income tax credit if I did not work in 2011. I did work in 2010 and someone told me I could not file taxes for that job becuase I didn’t make enough money.I only worked there for like 2 months. Is that correct? And if it isnt can I file my 2010 taxes and use that to claim earned income tax credit? My son was born in 2011. Also if I can do that, how would I recieve my w2 from 2010 job?

Thanks for taking time out of your day to respond, you seem to be helping a lot of people!

Admin Roberg on Thu, 23rd Feb 2012 3:27 am


Hey Ashley,
You can’t get an Earned Income Credit with no income. And you can’t use last year’s income for this year’s tax return. So it’s probably not worth your filing a tax return. But just in case, you can always go look–maybe you don’t get EIC, but maybe you had some withholding and you’d get some money back for last year. Is there anything in the box 2? That would be federal withholding. If there is, you could probably get that back. A little money is better than none at all.
Now if you didn’t work, who supported you? If you lived with your parents, maybe they could claim you and the baby for a refund. (Assuming they met all the rules, etc.) It’s worth checking into.
And congratulations on the new baby!

Nicole on Fri, 24th Feb 2012 3:55 pm


Hello,

I have a son with my Finace and we live together. Last year all my tax info went to my parent’s home address so I claimed my child and also qualified for the EIC, but my boyfriend did not claim our son, or HOH my son and I did live with him, but everything was addressed to my parents’ address. He claimed single. This year all my tax stuff is addressed to my Fiance’s address and we live there. We don’t pay rent because it is owned by his family who does not live there. He does pay all the utilities and expenses. The only thing he doesn’t pay for is our son’s health insurance, the state pays for that. My question is: should he claim HOH and our child as a dependent? Or, can he claim HOH and I claim our son has the dependent? I made about 6k and he made about 50k. Thank you.

Admin Roberg on Sat, 25th Feb 2012 11:36 pm


Hi Nicole,
Here’s the situation: you and your fiance and your son are all living together as one happy family unit. Am I right? If so–then you want to work this out together as a family. You have two choices in how you file:

1. You are single, claim son for everything and your fiance claims single.

or

2. You are single, claim nobody. Fiance claims son’s exemption and head of household filing status.

Run the numbers both ways and see what give you two together the best possible refund (or lowest tax debt.) You may choose whichever works out best for you both.

If you were fighting–the IRS would choose for you and they would give HH to your fiance (because he has the higher income.) But because you are a team–you may choose which scenario is best for you.

Sara on Wed, 29th Feb 2012 5:39 pm


Good morning,
My babyfather received $ 3,500 after having claimed our baby on his taxes.
I am French but my son is American like his father. I left the United States two months ago and my baby lives with me in France, I do not think I can touch the taxes because I am French but I find unfair that my babyfather has touched $ 3500 while we don ‘t live together anymore and he does not pay me child support and does not help me financially. What can I do to him does not benefit of these $ 3500 which he has no need because he has a good financial situation and that I do not work? I know I could no claime my son but I would like that at least his father does not touch anything because he does not care about our baby and we have no news of him since my return in France.
thank you

Robin on Thu, 1st Mar 2012 4:49 pm


Hi, my questions is can I claim HOH if my daughter earned approx $11,000 in income last year? She lived with me for more than half the year until she graduated high school and went off to college in mid summer. I paid for everything during the time she lived with me regardless of her income. I am still paying for everything for her except she is paying rent where she moved to. I am still paying for college, car, insurance etc. Thanks for your time.

Admin Roberg on Fri, 2nd Mar 2012 2:39 am


@Sara,
Taxwise–a parent cannot claim a child that he doesn’t live with–unless there is some type of court order allowing him to do so. Because your child is a US citizen–it’s possible that your ex could keep claiming him. You may need to consult an attorney on this one. Sorry.

Admin Roberg on Fri, 2nd Mar 2012 3:20 am


@Robin–
It gets tricky when they start making money doesn’t it? You’re still the mom, and since she’s a full time student she’s still a dependent. There’s no income limit for a full time student/dependent.
There are some situations where you might not be able to claim her, but if she is single, has no children of her own, and you’re paying the tuition–she’s yours to claim.

D-Che' on Sat, 10th Mar 2012 1:43 am


Someone has carried one of my children on their taxes. What am I suppose to do now ?

Admin Roberg on Sat, 10th Mar 2012 4:37 am


Hi D-Che’,
Check out the instructions on this blog post: http://robergtaxsolutions.com/2011/01/my-ex-claimed-my-kid-now-what-do-i-do/comment-page-15/#comment-5783

That’s basically what you need to do. Good luck.

Riley09 on Thu, 15th Mar 2012 3:03 pm


Hi i have a question my son was born feb 20,2012 can i carry him on my 2011 taxes?

Admin Roberg on Fri, 16th Mar 2012 1:27 am


@Riley,
Since your son wasn’t born until 2012, you can’t carry him on your 2011 taxes. Next year you can. Congratulations, by the way.

Laura on Tue, 3rd Apr 2012 12:58 am


I am a single mom with 3 children. My income is below the threshold for EITC but my investment income from dividends is $3600 (limit is $3,150.) But, I have net investment losses of $2000. Can those investment losses offset the income? Would that qualify me for EITC?

Vette on Wed, 4th Apr 2012 12:20 am


Yes I waned to know if some claims their child as a depended can someone else claim that child as head of household

Admin Roberg on Thu, 5th Apr 2012 2:35 am


Hi Vette,
Yes they can, it’s called splitting an exemption. Here’s some more information about it: http://robergtaxsolutions.com/2011/11/split-exemption-claiming-one-child-on-two-tax-returns-%e2%80%94-the-legal-way/

Admin Roberg on Sat, 7th Apr 2012 11:44 pm


Hi Laura,
Sorry but your stock losses won’t offset your divident income so you won’t get EIC.

TRISH on Fri, 13th Apr 2012 10:30 pm


OUR 26 YEAR DAUGHTER AND HER DAUGHTER LIVE WITH US. WE PROVIDE ALL SUPPORT OF OUR GRANDDAUGHTER AND OUR DAUGHTER WORKS FOR MIN. WAGE 30-40 HOURS PER WEEK. CAN WE CLAIM OUR GRANDAUGHTER FOR EXEMPTION, CHILD TAX CREDIT AND OUR DAUGHTER CLAIM HER AS A NONDEPENDENT FOR EIC PURPOSES AS OUR TAX SOFTWARE OFFERS? I DO NOT WORK BUT MY HUSBAND WORKS FULL TIME AND HAS A HIGHER AGI THAN MY DAUGHTER. WE FILE MARRIED JOINT AND MY DAUGHTER SINGLE WITH THE NONDEPENDENT EIC ONLY. WE HAVE GOTTEN THE DEPENDENT EXEMPTION AND CHILD TAX CREDIT FOR OUR GRANDDAUGHTER. WE OWN OUR HOUSE AND PAY ALL BILLS AND INSURANCE FOR OUR GRANDDAUGHTER. THANKS

Admin Roberg on Sat, 14th Apr 2012 2:09 am


Hey Trish,
You cannot split the exemption with your daughter. That option is only available to the parents of the child and they cannot be living together.

Crystal Kountz on Sun, 15th Apr 2012 5:50 am


Hi, there is so much info and it can be very overwhelming.
I am a divorced mom of 1 child. I am allowed to claim our child every year per divorce agreement. I am unemployed, in college full time and have no income other than pell grant and student loans ($2500 per every 4 months) that’s it. And child support bi-weekly. So, shouldn’t I receive a refund? The child tax credit or something?

Admin Roberg on Tue, 17th Apr 2012 2:04 am


Hi Crystal,
A pell grants, child support, and student loans do not count as taxable income so you get no tax refund. If you live with your parents, it may make sense to let them claim your child. Or, since you receive child support, you may wish to sign an 8332 form to allow your ex to claim the exemption and child tax credit. It does you no good and it will help him make those child support payments to you.

Christy on Tue, 17th Apr 2012 8:38 pm


Hi! My sons father has lived in my house for the past 7 months, (October ’11- April ’12) and has only recently got a job and started splitting bills with me about a month and a half ago. We aren’t in the best relationship, and he says he’s going up claim our son next year. The bills are all in my name, as the lease on the house, he has never taken him to a doctors appointment, or paid deposits on any bills. The side job he just got pays very well, and I’m worried his AGI could be higher than mine even though I’ve been employed the entire 20 months my son has been born, and he’s only worked a month and a half so far. I have supported both my son and him the entire time but now that he’s got a job, he ‘expects’ to claim our son instead of me. What can I do to ensure I can claim our son?

Admin Roberg on Wed, 18th Apr 2012 4:20 pm


@Christy–
Kick him out? Sorry Christy, I’m not sure I can really help you with this one.

cecilia on Thu, 19th Apr 2012 7:52 pm


hi, my ex keeps claming my child every year and he doesnt even see them! he has treated me because i keep telling him he can do that. the kids are with me all year long he doent call or see them. he says that because he pays child suport he is in title to do so but i dont think its fair beacuse he make doddle the money that i make! he just wants to use ma child because he doent whant topay the IRS because he makes too much money! i need to know what can i do.

Admin Roberg on Sat, 21st Apr 2012 3:26 pm


Hey Cecilia,
Go to this site: http://robergtaxsolutions.com/2011/01/my-ex-claimed-my-kid-now-what-do-i-do/comment-page-17/#comment-6287 and follow the directions. That’s what you should do.

Keri on Thu, 26th Apr 2012 9:18 pm


Ok so my twins were born in jan. we lived with my parents & my 9yr old. Until when we moved in with the twins father at the end of july. So i was the sole provider for kids for the first 7 months. we both got income, His from work mine from child support. But I was still the main provider for the 3 kids as the dad hardly ever bought groceries or diapers or anything. I got alot of the baby necessities for my infant twins thru wic, as well. so out of my $333. a month plus whatever id make on the side doing babysitting or house cleaning maybe brought me another 100. or 2 & every penny of it went to food, & taking care of my kids & bf house. He I dont know what he did with his income but id never see a penny of it excepts when it was for the cable, pg&e, & rent the was only 900. & paid to the landlord aka “his dad”! which he rarley ever paid.
Ok so when filing 2010 taxes my ex claim our twins & me. I thought he filed jointly cuz i never filed & i was on his tax papers, im pretty sure under partner or whatever. Basically he got money for me & $1600. for each one of the twins, & I never saw not a single cent of it! & now again on this years 2011 taxes he filed & used me on his taxes & we werent living together for most of the year.
So my question is doesnt he legally have to give me my share of the return when hes getting set amount back for putting on his forms for this year. & for last years taxes at least half of what he got back in returns for my kids & myself that he basically never supported any of us for any amount of time that even comes close to to 7 months.
Im in A position where Im needing to find out whether or not i have legal grounds to sue him for the money & turn his but over to the irs!
Please can u help me?…
Also can I file back taxes for last years & for the current taxes He has just used me on!

Admin Roberg on Sat, 28th Apr 2012 9:27 pm


Hi Keri,
I’m reprinting you letter and inserting my comments inside it so you see where my answers are coming from. I’m hoping that makes things a little clearer. You’re K and I’m J, okay?

K: Ok so my twins were born in jan. we lived with my parents & my 9yr old. Until when we moved in with the twins father at the end of july. So i was the sole provider for kids for the first 7 months. we both got income,

J: I’m stopping here because it’s quite possible that your parents are the ones who should be claiming your kids. You never mentioned that, but if you lived with your parents for 7 months, they might be the ones to claim your kids. Okay, back to you…

K: His from work mine from child support.

J: Okay, I’m stopping here again because your income came from child support. Child support isn’t considered to be earned income–so you would get zero, zip, nilch, nada from the IRS if you filed a tax return.

K: But I was still the main provider for the 3 kids as the dad hardly ever bought groceries or diapers or anything. I got alot of the baby necessities for my infant twins thru wic, as well. so out of my $333. a month plus whatever id make on the side doing babysitting or house cleaning maybe brought me another 100. or 2 & every penny of it went to food, & taking care of my kids & bf house. He I dont know what he did with his income but id never see a penny of it excepts when it was for the cable, pg&e, & rent the was only 900. & paid to the landlord aka “his dad”! which he rarley ever paid.

J: Okay, I’m stopping here again because you’re talking about who pays for what. If your rent is $900 per month and you only made $333 a month–then you would have a hard time proving you provided more than 1/2 of your kids support. Now granted, you paid for food and diapers, etc–but the IRS is going to look at the roof over your head. Once again, you’re not providing it. I’m not saying this to be mean, but you need to know what the IRS is looking at. If your ex isn’t paying the rent, then it looks like his parents’ are–once again, the provider here is not you.

K: Ok so when filing 2010 taxes my ex claim our twins & me. I thought he filed jointly cuz i never filed & i was on his tax papers, im pretty sure under partner or whatever.

J: Okay–stopping you here because you aren’t married to the man so you can’t file jointly. There’s no such thing as “living with my baby-mama filing jointly” on the tax return. He probably claimed head of household and since you have no reportable income, claimed you as a dependent.

K: Basically he got money for me & $1600. for each one of the twins, & I never saw not a single cent of it!

J: You lived under his roof, you watched his cable TV so technically you benefitted from his tax refund. (I’m not sayin’ that his cable TV was worth it–but you have to see how this is looking. Bottom line–he put a roof over your head and your kids.)

K: & now again on this years 2011 taxes he filed & used me on his taxes & we werent living together for most of the year.

J: So you’re saying that you and the children did not live with him for at least 6 months of the year? You moved out before June 30th of 2011 then, right?

K: So my question is doesnt he legally have to give me my share of the return when hes getting set amount back for putting on his forms for this year. & for last years taxes at least half of what he got back in returns for my kids & myself that he basically never supported any of us for any amount of time that even comes close to to 7 months.

J: This is the most important part to read. Are you still listening Keri because this is really urgent for you to hear? Keri, if you don’t live with that guy and he claims you and the kids, and you allow it if he pays you (which is what it sounds like you’re asking) that’s federal income tax fraud and you’d be guilty of committing a crime.

So Keri, is it fair to say the you had no idea that it was a crime? Of course, you’re not that kind of a person! But you need to know that it would be a crime. That’s why I broke out your letter and answered little parts so that you could see exactly where things go wrong.

It’s crossing a line for him to claim the kids in 2010 but I can see it making sense and he could probably win that case with the IRS. I think your parents have the better claim, but he could make a decent argument. He really can’t claim you–but if you allow it–well you allowed it. (Once again, your parents have a legitimate claim to put you on their tax return.)

Now, if you didn’t live together for 2011–then he really has no claim on you or the kids. But since you don’t have any real, reportable income–well you won’t get much money. But if you “cut a deal” with him–that’s not legal. You either file your return straight or you drop it.

K: m in A position where Im needing to find out whether or not i have legal grounds to sue him for the money & turn his but over to the irs!
Please can u help me?…

J: I’m not a lawyer so I can’t give legal advice. It seems to me though–since filing a fraudulent tax return is illegal, and you’re asking him to split his ill gotten gains with you–if you sue, that would kind of be like going to a judge and saying “Fred robbed a liquor store and I didn’t snitch on him so he owes me half the money!” I know that my example sounds crazy, but I wanted you to see how the IRS would look at that.

K: Also can I file back taxes for last years & for the current taxes He has just used me on!

J: Yes, you can file back taxes and current taxes–but you should get help from someone who knows the law and will keep you legal. (Because I really think you need help with the staying legal part.) For 2010–your parents have the highest and best claim on your kids. For 2011–who took care of you? Certainly, you couldn’t support yourself and 3 children on $333 of child support a month. If you were earning money–how do you prove it? Do you have receipts? A bank account showing deposits? Don’t go this alone.

You won’t get a huge EIC check like your ex did. If you’re setting the record straight just to set it straight–okay.

One final word of caution: if you’re mad at your ex and you’re just trying to use the IRS to get even with him–think twice. When you file those back returns claiming your kids–be prepared to get audited. You had better have your ducks lined up neatly before you go this route. If you’re not absolutely positive you’re going to win–don’t waste the IRS’s time. They’re overworked and understaffed and these are not people you want to piss off. Sorry about the choice of language but I want to be very clear about that. Make 100% sure you’re in the right before you go ahead with this.

Edie DeConcini on Tue, 8th May 2012 2:05 pm


hello, I had a baby July 2011 and live with the father who does not work and is a stay at home dad.. i provide for them both. I am also preganant agian due in Sept 2012. I claimed them both on my taxes for 2011 as HH. I will make about 43,200 this year and currently claim single claiming 1. my question: what should i be claiming on my taxes this year? we are struggeling to make ends meet and wonder if i change my filing status to single claiming 2 would this help? the father may or may not work this year so i dont want to count on claiming him until tax time and i know for sure if he has made less than what is needed for me to claim him. but i do not want to owe the IRS!! i actaully am paying monthly installments of $200.00 for a previous tax debit i owe.. and hope to have it paid off this year. that is another reason i am not sure if i should change my filing status, if i stay single claiming 1 then i am sure i will knock out my debit with the IRS but like i said we are struggling in the mean time. thank you for your help and time!

Edie DeConcini on Tue, 8th May 2012 2:05 pm


sorry i forgot to mention we are not married..

Admin Roberg on Wed, 9th May 2012 1:40 am


Hi Edie,
Generally you should be fine if you redo your W4 with your employer to claim Single with 2 exemptions. It will give you a little extra money in your paycheck and should cover all of your 2012 tax liability.
Now–if your boyfriend later gets a job and he goes and claims your child–then there could be trouble, but claiming 2 should be fine. (Ignore me–I’ve been doing so much “filing with exes” work that I’m sounding all negative, sorry about that. You two are working together as a family–so if he does get a job you’d work together on what’s best for the family–it might be that as a family, the person with the lower income should claim the kids. It’s something to play with.

Also, if you’re due in September, you’ll actually be claiming 2 dependents (which would give you three exemptions.) Something to think about. It might be a good idea not to claim the new baby now–because a nice refund would wipe out your IRS debt and that would be good for you too.

If you want to get a pretty accurate reading of your withholding, go to the IRS website and check out their withholding calculator: http://www.irs.gov/individuals/page/0,,id=14806,00.html

You’ll need your latest check stub to answer the questions, but this will help you figure out exactly how many exemptions you should claim to put you at a close to zero refund. If you like to get a money back, just reduce the exemptions you claim so that you withhold more.

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