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Can my ex fight in court to claim our child on taxes if he's not listed on the birth certificate?
So I need some tax advice about my situation with my 2-year-old son. His father wasn't around during my pregnancy and only showed up a few weeks before I gave birth. Because of this and COVID restrictions (only one person allowed in the delivery room), he wasn't present when I filled out the birth certificate, so he's not listed on it. He's been aware of this for the entire two years. Currently, our son lives with me full-time, and I cover 100% of our expenses. His dad only has him every other weekend for about 3½ days. Now he's causing drama because he wants to claim our son as a dependent on his taxes. I'm worried about whether he could successfully argue this in court. From what I understand, he would only qualify to claim our child if our son lived with him for more than half the year, which is definitely not the case. Can he make a legitimate case despite not being on the birth certificate and having such limited custody time? Any advice would be really appreciated!
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Will I qualify as a dependent relative for my family's tax return in 2025?
I have a question about qualifying as a dependent relative on my family's tax return for 2025 to help them qualify for healthcare tax premium subsidies. I know I'm not a qualifying child, and my gross income will be under $5,900 for the year. My relationship to the tax filers is brother-in-law and brother, which I believe meets the relationship test. What's confusing me is the TIME requirement for support. I relocated from another state on June 15, 2025, where I was completely self-supporting before that. My family will be providing more than half of my support from mid-June through December (about 6.5 months of the year). Do they need to support me for the ENTIRE calendar year to claim me as a dependent relative, or is it sufficient that they'll support me for more than half the year (similar to the qualifying child rules)? I've been trying to figure this out but getting mixed information online. Thanks for any clarification on this!
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Everybody's focusing on the support test, but don't forget the residency requirement! For a qualifying relative who is not related by blood or marriage (like a girlfriend/boyfriend), they have to live with you as a member of your household for the ENTIRE year. But since you mentioned brother and brother-in-law relationships, those fall under the eligible relationship categories in Publication 501, so the residency requirement doesn't apply to you. You only need to meet the support and income tests.
Both of you are wrong. A brother-in-law is specifically listed in Publication 501 as a qualifying relative who DOESN'T have to live with you. The member-of-household test only applies to people not related by blood or marriage. Brother-in-law is a relationship by marriage, so they don't need to live with you the whole year.
@Yuki Watanabe is correct here. According to IRS Publication 501, a brother-in-law is specifically listed as a qualifying relative who does NOT need to meet the member-of-household test. The relationship by marriage is sufficient. So for Diego s'situation, he only needs to worry about the support test and gross income test - not whether he lived with his family for the entire year. The key issue remains whether his family will provide more than 50% of his total annual support, including what he paid for himself in the first half of the year.
Diego, based on everything discussed here, it sounds like you have two main paths forward depending on how the numbers work out: **Option 1**: If your family can provide more than 50% of your total annual support (including what you paid yourself Jan-June), you could qualify as their dependent. This would help them with healthcare subsidies, but you'd need to be claimed on their return. **Option 2**: If the support test doesn't work out, you could file your own return and potentially qualify for significant healthcare premium tax credits based on your low income. With income under $5,900, you'd likely qualify for substantial subsidies - possibly covering most of your premium costs. I'd recommend calculating both scenarios to see which provides the better overall tax benefit for your family situation. You might want to use one of the tools mentioned here or speak with an IRS agent to get official confirmation of your calculations before making the final decision. The good news is that either way, someone in your family should be able to get healthcare assistance - it's just a matter of optimizing who claims what!
You actually need to make this decision before the end of the tax year (December 31, 2025) if it affects healthcare subsidies, since those are calculated based on your expected household size and income when you enroll. If you're planning to get your own healthcare coverage and claim the premium tax credit, you'd need to enroll during open enrollment (typically November-January) and indicate that you won't be claimed as a dependent. If your family claims you as a dependent but you already received advance premium tax credits on your own policy, you'd have to pay those back when filing your return. However, for the actual tax filing decision about who claims the dependency exemption, you technically have until you file your returns (or the filing deadline) to decide. But since healthcare enrollment happens before then, you really need to coordinate this decision earlier. I'd recommend running those numbers soon so you can make the right choice for healthcare enrollment this fall!
Great question! You have flexibility here - this decision can be made when you actually file your 2025 tax returns next year (by April 15, 2026). However, if you're planning to get health insurance for 2025, you'll need to make an estimate now for the marketplace application. For healthcare.gov enrollment, you can initially estimate based on your individual income to see what subsidies you'd qualify for on your own. If you later decide your family should claim you as a dependent (which would disqualify you from premium tax credits), you'll reconcile any advance payments when filing your return. The key is to be reasonably accurate with your income projections. If you end up being claimed as a dependent, you may have to repay some advance premium tax credits, but there are repayment caps based on income level that limit your exposure. I'd suggest running the numbers both ways now so you can make an informed decision about health insurance enrollment, but you're not locked into that choice until you actually file the returns.
IRS says wait 9 weeks after verification - is this timeline accurate?
Just verified my identity over the phone with the IRS agent. They told me to wait 9 weeks for processing. Anyone know if it actually takes this long? Starting to get worried since I really need this refund.
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Pro tip: sign up for informed delivery with USPS. Sometimes refund checks come before the where's my refund tool even updates
I'm going through the same thing right now! Verified 3 weeks ago and still checking WMR obsessively every day. The uncertainty is the worst part - I wish they could just give us a realistic timeline instead of these generic "up to 9 weeks" responses. Has anyone found that calling back actually helps or do they just repeat the same script?
Transcript shows 846 for May 5th but WMR shows offset message - No debts found?
My transcript updated yesterday. Shows 846 code for 5/5. No offsets visible. Checked WMR this morning. Approved for payment. But offset message appeared. Called the offset line. They said no debt. Checked Treasury website too. Says return isn't processed yet. I know I owe $378 in state taxes. Could that be the offset? How can I confirm?
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I went through this exact scenario in March! The IRS.gov website has a page about this: https://www.irs.gov/taxtopics/tc203. In my case, I called both the TOP line (800-304-3107) and checked my account transcript. No offsets showing anywhere but WMR. My full refund hit my account exactly on the 846 date. The IRS systems seem to be having more of these display errors this year based on what I've read in the r/IRS community. Just keep an eye on your bank account on May 5th!
I'm going through this exact same situation right now! My transcript shows 846 for May 8th, but WMR is displaying that dreaded offset message. Called the TOP line this morning - they confirmed zero federal debts on my account. It's such a relief to read all these experiences showing this is likely just a system glitch. The technical explanations about TC codes really helped me understand what to look for on my transcript. I don't see any 898 or 896 codes, so I'm feeling more confident now. Going to stop obsessively checking WMR and just wait for the deposit date. Thanks everyone for sharing your stories - this community is a lifesaver during tax season stress!
Got IRS Letter 4883C - Need help with identity verification process
Hey everyone, I just got this letter 4883C from the IRS and they want me to verify my identity and tax return. Has anyone dealt with this before? What should I expect when I call them? I'm kinda nervous about the whole thing.
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Is it bad that I'm kinda relieved to see I'm not the only one dealing with this? Misery loves company I guess 🤷♀️
Same boat, friend. We're all in this together 🚣♀️
Just went through this myself a few weeks ago! Don't stress too much @752ce4ac1090 - it's really not as scary as it seems. The whole process took about 45 minutes on the phone. They asked me basic stuff like my SSN, filing status, previous year's AGI, and a few personal questions like old addresses. The agent was actually pretty nice and walked me through everything step by step. Once it's done, they'll tell you if your return can be processed or if there's anything else you need to do. You got this! 👍
Carmen Ruiz
Hey, one thing nobody's mentioned - even if he's not on the birth certificate, has he established legal paternity any other way? In my state, unmarried fathers have to file an acknowledgment of paternity before they have any legal rights to the child at all. If he hasn't legally established paternity, he might not even be able to claim the child regardless of the custody situation. Just something else to consider.
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Andre Lefebvre
This is a really good point! My brother went through something similar. The mom wouldn't put him on the birth certificate, and he had to legally establish paternity before he could even file for any custody rights or visitation. The tax stuff was completely off the table until that was resolved.
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Kiara Greene
Based on what you've described, your ex doesn't have a strong case at all. The IRS uses the "qualifying child" test, and the key factor is where your son lived for more than half the year - which is clearly with you. The birth certificate situation actually works in your favor here because it raises questions about whether he's even established legal paternity. I'd recommend documenting everything: keep a calendar showing exactly which days your son is with each of you, save receipts for expenses you're covering, and maybe consider getting a formal custody agreement to make everything official. If he tries to claim your son anyway, you can dispute it with the IRS, but having clear documentation will make that process much smoother. The fact that he wasn't present for the birth and isn't on the certificate, combined with your son living with you full-time except for every other weekend, makes this a pretty clear-cut case in your favor from a tax perspective.
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