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Old 01-09-2010, 03:20 PM
 
1,075 posts, read 1,345,938 times
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Default can grandparent claim grandchild on taxes

My son came to me and said his girlfriends step-father wants to claim my sons daughter on his taxes.

Parents of the baby live in step-fathers home

father of baby works full time and supports the baby financially but does not pay rent/he pays for car insurance for him and babies mother/neccesities for baby/his and babies mothers food

mother of baby is covered under step-fathers insurance

baby is not covered under his insurance

Can the step-father claim his grandchild if the father of the baby wants to claim her?
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Old 01-09-2010, 04:35 PM
 
651 posts, read 794,722 times
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If memory serves me correctly. IRS rules state that you can claim someone as a dependent if they live with you and you provide more than half of their support during the tax year. I'd be willing to bet the step-father is claiming his daughter as a dependent, which bolsters his argument for claiming the child. Technically, your son can probably claim the baby. The problem, as you know is that only one person can claim her. You said the baby is not covered by the step-father's insurance. Does that mean your son is providing her insurance or is she covered by the state?

This is going to sound harsh, but I think its time for your son to "man up" and take care of his responsibilities. If another man is providing (significantly) for his child, I don't see how he feels "entitled" to claim her. If he doesn't like that, then he needs to step up. Hopefully that is the message you're giving him rather than how he is being wronged by the step-father. Its a great teachable moment in what it means to be a man.
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Old 01-09-2010, 05:33 PM
 
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The step-father and other grandmother want to raise the baby as their own. They have not adopted her. My sons name is on the birth certificate. The mother of the baby does WHATEVER they say. The only reason my son is living there is because he does not want to be away from his baby. My husband and I have filed a petition for grandparent contact as the other grandparents will not let us see the baby. My son is scared to go against them in any way for fear of them taking his daughter. Yes, the mother will allow them to do so. If my son files his taxes before the step-grandfather, will that make a difference?
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Old 01-09-2010, 05:58 PM
 
Location: Baltimore
1,749 posts, read 4,339,917 times
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[quote=magoomafoo;12374953]The step-father and other grandmother want to raise the baby as their own. They have not adopted her. My sons name is on the birth certificate. The mother of the baby does WHATEVER they say. The only reason my son is living there is because he does not want to be away from his baby. My husband and I have filed a petition for grandparent contact as the other grandparents will not let us see the baby. My son is scared to go against them in any way for fear of them taking his daughter. Yes, the mother will allow them to do so. If my son files his taxes before the step-grandfather, will that make a difference?[/quote]

If the grandfather and your son both claim the child, all that is going to do is to invite an audit of both returns. If your son files and claims the dependent first, he may very well get his refund, but once the grandfather files, the information will be matched and questioned. If it turns out that your son is not entitled to claim the child, he will most likely be assessed for any refund that was paid as a result of claiming the dependent, plus interest and penalty. And the previous advice you received was correct - if the child lives in the grandfather's home and he provided over half of the support, he is entitled to claim the dependent.

In the old days, people may have gotten away with claiming dependents that they weren't entitled to claim, but with the technology available today information can be easily matched, and if the same SSN for a dependent is claimed on more than one return, it will be caught.

No one is entitled to claim a dependent simply because they are the parent. The test is the financial support.
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Old 01-15-2010, 12:58 PM
 
2,434 posts, read 5,485,591 times
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It sounds like your son has a lot more issues than simply tax dependents. As the other poster noted, you do not want your son to face an audit and possible tax fraud, for claiming a dependent that is being claimed by someone else. However, clearly there are larger issues at stake, such as custody of the minor child. At this point, its likely that your son needs to talk to a lawyer as its possible that claiming the child as a dependent could also be used to try to set some kind of precedent as to support of the child.

Good luck, hope your son is able to reach some kind of satisfactory outcome as to the custody of his daughter. (taxes seem to be the secondary issue here).
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Old 01-17-2010, 01:49 PM
 
41,641 posts, read 44,854,191 times
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Quote:
Originally Posted by magoomafoo View Post
The step-father and other grandmother want to raise the baby as their own. They have not adopted her. My sons name is on the birth certificate. The mother of the baby does WHATEVER they say. The only reason my son is living there is because he does not want to be away from his baby. My husband and I have filed a petition for grandparent contact as the other grandparents will not let us see the baby. My son is scared to go against them in any way for fear of them taking his daughter. Yes, the mother will allow them to do so. If my son files his taxes before the step-grandfather, will that make a difference?

Bascailly your son needs to satrt paying rent and the other things that would prevent them from claiming the bbay;easy solution.It all really depends on who is supporting the baby when the IRS gets into it. otherwsie its a false claim that the IRS wille asy figure out and penaltize the other.
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