The rules for this purpose does NOT have any thing to do with how much you need to claim.
All of the rules for you and the child have to be met that would allow you to be able to claim an individual as a qualifying child (QC) dependent on your income tax form.
For all of the rules go to the IRS.gov website and use the search box for PUBLICATION 17 go to chapter 3. Personal Exemptions and Dependents
Qualifying Child
There are six tests that must be met for a child to be your qualifying child.
The six tests are
1 Relationship
2 Age
3 Residency
4 Support
5 Joint return, and
6 Special test for qualifying child of more than one person.
These tests are explained next.
Table 3-1 Overview of the Rules for Claiming an Exemption for a Dependent
Yes, you may need to file taxes for your child if you claim them as a dependent, depending on their income and other factors.
In order to claim a child on your taxes, they typically need to live with you for more than half of the year.
To claim your child as a dependent on your taxes, you need to fill out the IRS Form 1040 or 1040A. You will need to provide your child's Social Security number, relationship to you, and information about their residency and financial support. Make sure to follow the instructions on the form carefully and provide accurate information to claim your child as a dependent successfully.
I can only assume you mean claiming the child on your taxes. If you pay child support on a child and claim that child on your taxes, you are committing tax fraud. You can only claim a child on your taxes if you are providing most of his support and that includes he has to be living with you for most of the tax year. How much a father pays does not necessarily relate to him claiming the child on his tax return. You need to review your court orders. They should address who gets to claim the child as a dependent for tax purposes. If not set forth in the order then check your state laws. Most states provide that the custodial parent gets to claim the child for all of the reasons set forth above.
If the court has given costudy of the child to you and the child lives with you and you are the provider, but the other parent claims the child on his/hers taxes, this is illigal. Not only you can sue, but you need to report this person to the IRS and let them deal with him.
No, you do not need your child's birth certificate to file taxes.
In Delaware, if there is no child custody agreement, the parent who has primary custody of the child for the majority of the year is generally eligible to claim the child as a dependent on their taxes. This typically means the parent with whom the child lives for more than half the year. If both parents share custody equally, they may need to agree on who will claim the child, or the IRS rules will apply, allowing the parent with the higher adjusted gross income to claim the dependent. It’s advisable for parents to communicate and possibly reach an agreement to avoid conflicts.
In general, a father can claim a child as a dependent on taxes if he has the legal right to do so, which typically requires the mother's consent or a court order. If the parents are not married, the custodial parent (usually the one with whom the child lives for the majority of the year) has the primary right to claim the child. If the father wishes to claim the child and the mother does not agree, he may need to obtain her permission or file a court petition to establish his right. Tax laws can vary, so it's advisable to consult a tax professional for specific guidance.
Paying Child Support has nothing to do with any right to claim the child on their return. A divorce agreement or custody agreement usually deals with rights to claim a child on a tax return. If there is no such agreement deciding who get to claim the child then the IRS rules do. Usually the first right is the custodial parent (the person the child lives with). Residency is one of the requirements to claim a dependent.
You need to check your state laws and your divorce decree very carefully. In some states the custodial working parent has a statutory right to claim the child. You should consult with an attorney.
To claim a dependent on your taxes, you must meet certain criteria such as providing more than half of their financial support, they must live with you for more than half the year, and they must be a qualifying child or relative. You will need to provide their Social Security number on your tax return.
== == When parents are divorced, the use of the children's exemptions is generally determined by the decree. It has nothing to do with who pays for what. The parent with whom the children reside for over 50% of the year may claim Head of Household status. At no time may both parents claim the same children in the same year on separate income tax returns. http://www.irs.gov/pub/irs-pdf/p501.pdf