Tax return question - claim exemption for son in India

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Ikuchi

Registered Users (C)
I am posting this question in this forum because as I understand I will need to submit 5 years tax returns at the citizenship interview.
I have a son who is 8 years old, living in India with my ex-wife. I pay quarterly child-support and alimony for the ex and my son. I send in my payment to an arbitrator in India, who then disburses the funds to her.

My question is whether I can claim my son as an exemption on my tax return?

This is probably a question for a CPA, but if any of you have any insight into it that would be great.

My other alternative is to claim him on my returns, and if asked in the interview just say that he lives with me in the US. But I don't want to lie and face unforeseen consequences.

I would rather claim the exemption, if legally allowable.

Thank you all so much. This board is great.

Happy New Year everyone!
 
As far as I know, if your son is a Legal Permanant Resident or USC - absolutely yes - you can as you are supporting him even if he does not live with you.

If your son has no SS # or is not an LPR/USC you can explore the option of getting a ITIN number from the IRS .

Big question is - what visa status is your son under?

Best of luck
 
If his son is a USC living overseas then he can still be claimed as a dependant .

Overseas citizens have to report and pay taxes to the IRS then why not get benefits of claiming an exemption

Anyway, this is just my thought and not a legal one at that
 
My son was born in the US in 1996. He has a US passport and a SS#. My ex took him to India in 1998 for a so-called brief trip to see her "ailing" father, and her family convinced her to stay back there and file for divorce. They wanted me to move back to India and take care of their family business, and I refused to do that. She filed for divorce and got it ex-parte (I'm not sure how you spell it, but her family bribed the judge to give a divorce without hearing from me or without any representation on my behalf). That was back in 1999. She then filed to get child-support and alimony, bribed the judge who granted her request, and she still does not allow me or anyone from my family to have any contact with the kid. We were married for only 4 years, but according to Indian law she will get alimony till she gets remarried.
I am so disillusioned with the legal system in India, that I have given up trying to see my son. Do I have any legal recourse, since my son is a USC? Or is it too late now? All I can do is hope that he will come looking some day.

Maybe if I become a USC I will have more leverage. Because right now, all they have to do is trump up some charges and file a criminal lawsuit when I go to India, and have the judge confiscate my passport.
 
JoeF said:
If he is a USC, he is a tax resident regardless of where he lives.
So, that's a real important question. If he is a USC, he would of course also have a SSN.
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You're correct. Missed that possibility.
 
Ikuchi said:
She then filed to get child-support and alimony, bribed the judge who granted her request, and she still does not allow me or anyone from my family to have any contact with the kid.
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Then why are you paying support? Unless they can get the support order legally enforced in the US (which is possible, but requires filing in your state of residence and depending on the circumstances by which it was obtained in India may not be possible) that's your leverage right there.
 
TheRealCanadian said:
Then why are you paying support? Unless they can get the support order legally enforced in the US (which is possible, but requires filing in your state of residence and depending on the circumstances by which it was obtained in India may not be possible) that's your leverage right there.
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I pay it because I hope they use the money to give him a good, comfortable life. My mother lives in India, and I like to visit her from time to time. If I stop paying then they will file a criminal lawsuit, so then I can't go to India.
 
Ikuchi said:
I pay it because I hope they use the money to give him a good, comfortable life. My mother lives in India, and I like to visit her from time to time. If I stop paying then they will file a criminal lawsuit, so then I can't go to India.
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Ikuchi, Who has legal custody of the child. If this was not sorted out during the initial divorce/child support payments you can claim for full custody here in the US and if granted enforce this in India since your child is a USC.
 
Ikuchi,

Please see a lawyer ASAP. Sounds like you have a case here.
Lies,Abduction,Coercion,Bribery,Criminal Malice all in one!

Best of luck
 
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