I pay 60% of her income. Financial affidavit proves 0 income on her part. If they claim common law marriage, does it affect their state benefits, such as food stamps, medicaid if she's claiming to be single to qualify for benefits.
Generally speaking, under the general rules governing the dependent exemption, the parent with whom the child spends more time during the year is the parent entitled to claim the exemption. That should mean that if your ex-girlfriend (whom I assume is the mother of your child) is otherwise entitled to file a joint tax return with her now-boyfriend - assuming that the common law marriage rules were satisfied - then your ex-girlfriend should be able to include on that return the exemption for your child.
Quite honestly, this is a complicated situation that will turn on an examination of all the various facts, so you would be best served by consulting with a tax professional who can discuss all the facts with you and advise you accordingly.
My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference.
If you have child support or custody orders in place, the Court should have made a determination of how the dependency exemption should be allocated between you and your ex. If your orders do not have such a provision, you can ask the court to make that determination. Typically the exemption will be allocated based upon the percentage of support provided by each party. For example, if you provide 60% of the income, a court will typically allocate the tax exemption to you 60% of the years. If you have an attorney look over your court orders, he or she will be able to tell you if there are any orders currently in place regarding the exemption.
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