30
u/Excellent-Pickle9911 Feb 17 '23
OP, he can't claim you as a dependent:
When can I no longer claim my child as a dependent?
To meet the qualifying child test, your child must be younger than you and either younger than 19 years old or be a "student" younger than 24 years old as of the end of the calendar year. There's no age limit if your child is "permanently and totally disabled" or meets the qualifying relative test.
15
Feb 17 '23
Info: I don’t understand why you broke your lease if it was something you didn’t want to do? Could you not afford rent? Why did you have to move back into your dad’s house- like how did he force you? Duct tape you and your daughter to a shopping cart and roll you back to his house? I get that you’re unhappy with your living situation but I truly don’t understand how you actually ended up there. You are an adult? Isn’t 26 too old in the US to claim as a dependent unless you’re severely disabled (like your dad is your caregiver)?
9
Feb 17 '23
I don't think he can claim you! You're too old and working. File your taxes ASAP and claim your daughter. If he claims her after he'll get caught. It's your daughter and you have the right to claim her.... NOT HIM!
-5
Feb 17 '23
[deleted]
6
Feb 17 '23
Read all of OPs comments. Dad did this on purpose! He moved her and her daughters stuff out of her apartment even though she didn't want him to. Seems like this was his plan all along.... To keep her dependent on him and paying him rent. He's making sure she can't move out again!
It's financially abusive!
6
u/Hisholiness54 Partassipant [3] Feb 17 '23
Your dad can’t legally claim you anyway since you’re above the age of 24 and haven’t been supported by him for more than six months. Claiming you at age 26 would not be legal— therefore, the same goes for your daughter assuming you’re claiming her on your own taxes. NTA, but you really should get out of there and be able to provide for yourselves. I know how hard it is. Trying to move out in that situation – rentals are super hard to get into these days.
4
u/HarleySpicedLatte Feb 17 '23
He can not legally claim you or your daughter. If the child isn't your child paper work and releases need signed. Tell him you can't help but be attracted to men like him.
3
2
u/SilverNeurotic Partassipant [4] Feb 17 '23
NTA. And also, your dad is being abusive. Please contact a domestic violence advocate and get you and your child away from that situation.
1
u/gremlinseascout Partassipant [4] Feb 17 '23
If you were able to afford the rent on the apartment, why can’t you afford to pay your dad the $600/mo that he is asking for? I get maybe not for a month or two, but now it’s been four months. You could be paying him something.
1
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Last year, I've moved out of my dad's home to be with my long-term boyfriend into an apartment. Everyone was very upset with this decision but I (26f) felt like this was the best decision for me and my daughter (5f). Unfortunately, this wasn't a great decision as my now ex-boyfriend had roid rage and damaged my apartment. The apartment's lease was in my name and my ex's name was not on the lease.
Because I was so hurt, overwhelmed, and stressed. My family convinced me to move back home which was something I didn't want to do. So I broke the lease early and had to pay $5k for all the damages that my ex caused. So in 5 months of living there, I spent $9k... which is a lot of money. Since I had to move back to my dad's because he forced me to. He quickly demanded money from me. He wanted me to pay $600/mo which was something I couldn't do at the time. I didn't have the funds at that time since I just spent $9k last month. I'm also in credit debt and I'm trying to pay that as well. All my savings are gone and I'm back to living paycheck to paycheck.
I've been staying at my dad's house for 4 months now and I haven't paid any money. But I try to contribute by cooking dinner and cleaning the home. My dad will remind me daily that I owe him money and he wants it now. Last week, my w-2 showed up at my house which I'm excited about since I can finally pay off some of my debt. My dad told me he was gonna claim me and my daughter as his dependents on his taxes. So whatever money he will get from me will goes towards rent. I was fucking pissed. I screamed at him, "I don't owe you shit! You forced me to come back home! I could've stayed there but you started moving my items before I could even process the situation!"
My dad screams at me, "I don't know why you think I'm a terrible dad to you! I gave you a nice home and food. I provided you with a loving home! We told you if you move in with that pos then that's your responsibility! You lost $10k because you're fucking delusional. You're honestly the worst single mom I have ever seen."
Yeah, I'm pretty hurt by his words. I'm trying my best to provide for my daughter. I am. I'm currently looking for homes/rentals in my area. Prices have jacked up and my old apartment was the best deal. I know I need to pick up a second job soon.
I spoke to my extended family (which I'm close to) about the situation and they agree that what my dad is trying to do is financially control me. I spoke to my sister and she agrees with my dad. She called me a spoiled entitled asshole to think I shouldn't pay rent. My sister believes that my dad should claim me and my daughter as his dependents since I don't contribute anything.
So AITA for not wanting my dad to claim me and my daughter as his dependents?
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0
u/Ari3n3tt3 Partassipant [1] Feb 17 '23
Info; does him claiming you do anything other than give him an extra $1k or whatever it is you get for dependants? Like does it have some sort of negative impact on you that I’m not aware of?
15
u/sarpon6 Asshole Aficionado [19] Feb 17 '23
She can't file her own return as head of household if someone claims her as a dependent. She's probably entitled to earned income tax credit, which is worth a lot more to her than the dependent deduction does to him.
2
-5
Feb 17 '23
ESH.
He probably has a case to file as head of household on his taxes given your situation and your child’s.
That aside, you don’t have have much leverage here. It sounds like you make epicly bad decisions, you came crawling home to dad, and now for whatever reason you’re pissy because dad is asking for rent, which you should probably pay to him.
3
Feb 17 '23
Read OPs comments. There was no crawling back! He started moving her out and into her house the day of her breakup even though she could afford to stay in the apartment!
1
Feb 17 '23
She’s an adult, is she not? Who forced her to move back home?
1
Feb 17 '23
Her dad did! It's in her comments. He started moving out her furniture and pressured her to move into his house. He acted like he was saving her from the ex BF but in reality he manipulated her and made her cut her lease which cost her $5k! Now he wants her to pay him rent and if she pays him rent she's never going to be able to get out of there!
-5
Feb 17 '23
But, you are dependent on him.
3
Feb 17 '23
That's not how taxes work though. My youngest moved out at 22. From 18 (or HS graduation whichever is last) I could not claim him as a dependent. He did not pay me rent, but he was not a student and did not have a disability making him dependent so therefore in the eyes of the tax gods not a dependent.
Basically think of it like a 10-year-old cannot get a job and pay the bills but a 26-year-old can. So you have to pay all the bills for 10-year-old, which makes them dependent on you. A 26 year old has a choice to be independent so therefore you don't get a tax credit for them living in your house. Can you just imagine the roommates who would claim each other if you could? Lol
I can't choose to move you into my house and claim you as a dependent. Now I might be able to file head of household if you brought a kid asking (I'm kinda rusty on that part of the tax rules)...but there's no tax boost for letting a grown adult live with you. OPs child qualifies for the tax credit, but dad can't just file that without permission from parents.
-7
u/Miriamathome Asshole Enthusiast [8] Feb 17 '23
ESH.
Everyone was very upset with this decision but I (26f) felt like this was the best decision for me and my daughter (5f). Unfortunately, this wasn't a great decision as my now ex-boyfriend had roid rage and damaged my apartment. The apartment's lease was in my name and my ex's name was not on the lease.
I wouldn’t trust your judgment enough to let you take care of a goldfish, much less a child. I assume that this was more or less exactly what everyone saw coming. Your father is exactly right about you being out $10K because you’re delusional.
Yeah, yeah, I’m being mean to poor you. Tough shit. If you’re smart, you’ll keep reading, because I’m going to give you some very, very helpful information.
If you were a mature, responsible adult, able to make good decisions and provide for yourself and the child you chose to have and keep, no one would have been able to ”force” you to move in with your father. I’ve never seen “force” used as a synonym for being kind enough to take in an idiot and her child when the idiot was warned about the consequences of her actions and ended up with no where to go. But, hey, there’s a first time for everything.
Last week, my w-2 showed up at my house which I'm excited about since I can finally pay off some of my debt. My dad told me he was gonna claim me and my daughter as his dependents on his taxes. So whatever money he will get from me will goes towards rent.
Well, that was pretty unclear. Let me see if I have this straight. You got your W-2, which you need to file your tax return. You’re expecting a refund substantial enough to allow you to pay off some debt. (If you’re expecting a large refund, you were being overwithheld, which is on you. Congratulations on making a nice, interest free loan to the US government. But that’s a whole other idiocy we’ll just skip over.) Your father wants to claim you and your daughter as dependents. He says whatever money he gets from you (does he think he’s getting your refund?) he’s going to keep and count as rent. Ok, here’s where he is also an idiot and an asshole. He can’t claim you, even if you’re living in his house. You’re too old. Go ahead. Let him try, assuming he already has your SSN. (If he doesn’t, do not give it to him.) Hopefully, the IRS will automatically match your SSN against your age, disallow the deduction and hit him with interest and penalties, if not a full blown audit. Even if he could claim you as a dependent (which he can’t), that doesn’t keep you from filing a return, claiming your child as a dependent and receiving a refund. (You know I found all this information with 2 minutes of googling. You don’t need to be a CPA or even very bright to figure out the age limits for taking an adult child as a dependent.)
Ignore your father on the tax stuff. Stop fucking AH’s.
1
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