Who gets to claim the grandbabies if they live with us the grandparents. We are having a hard time this.?

Question

One grandbaby is 13 1/2 months old and has olny lived outside of our home for maybe 2 whole months. The other baby is 9 months old has has lived here for 6 months. The parents totally believe that they should be able to claim their child on income tax when we have raised them and never asked for a penny and they have never offered. The oldest child lives in our home because of CPS. I think our children are being selfish and not thinking about us. Oh might I mention that my daughter and her baby lives with us. My son and his pregnant wife and baby lives with us. These are the kids not thinking of us only of themselves. Got any input?

Answer 1

If they lived with you 6 months or longer you have the right to claim them on your taxes. you provided housing for them. The parents can't drop the kids and claim them when they want the tax money

Answer 2

I agree that grandparents should be able to claim "dependents" however I think you'd really be better off consulting with a tax prep person or accountant first. Since in order to claim you'd need soc sec. numbers and if a flag goes up in the irs computer you don't want to have to get an audit for both making a claim.
We had similar situations (though sounds like fewer people involved than you have) ... we never bothered since we were hoping it would end sooner ... and didn't figure it would do much good to cause any trouble. But I wholeheartedly understand where you're coming from ... it's tough taking care of so many people and not getting any assistance. We moved out of state and amazingly all the dependents learned how to provide their own way ... dramatic action ... well we didn't do it for that reason we just decided to go !!!

Answer 3

Actually, it's possible that you could claim *all* of them as dependents by filing as Head of Household. Depending on how much money they've earned, how old they are and If they've lived with you with you for more than half the year, they might be considered Qualifying Child(ren). See the General Instructions for Form 1040, both the section on Filing Status (Head of Household) and Line 6c (Qualifying Child/Dependent test). I've included the link.

Please note that there is a Gross Income Test to determining whether or not someone is a qualifying child. Good luck :)

Answer 4

You don't say if your kids (the Parents) are working or not, or what state you live in. You also don't say if your daughter and son and his wife are contributing to your household, by paying rent or any portion of bills. The father of the babies should be paying child support. Your son should be supporting his wife and child.

If neither of your children are supporting any of their kids, then the the one that has custody(YOU) MUST go down and file for child support.

If CPS put one of the babies in your care and the mother is in your home then you need to be collecting child support from the absent parent.

Now you also need get a backbone and tell your kids that either they start paying rent and some utilities and cost of supporting THEIR kids then they need to GET OUT.

I am in a similar situation except that I have FULL PERMANENT GUARDIANSHIP of my G-daughter and her parents don't pay any support except when they are caught working and it is taken out of their pay. We also are getting aid for her from the county. They are the ones that filed for the child support order.

My tax person told us that in order to claim her we need to be paying more than 1/2 of her support. She told us to add up our income then figure out expenses-Rent/Mortgage, Utilities, Food, Clothing, Car Payments, Gas for cars, Car Insurance, and also count some for Entertainment. After figuring those out then divide by the number of people in the house and if the total was over 50% of the amount of aid plus the aid we were getting and also if she had been in the home for 6 months or more. Then WE could claim her on our taxes.

Answer 5

I feel very sorry for you & i was talking to my Mum re:your Question & we both feel if the child was taken away from the parent & it is documented,ie;CPS then it would entitle you to claim for it & alot more.You own/rent the house then they are living under your roof,obviosly there is something wrong with 1or both parents to have the CPS involved,i am 99% positive that you would be entitled to claim it.I would seek legal advise in regards to this & also get rid of your no-hoper of a child,it sounds like you have people freeloading off you but even if they are family you have to do it ,not only for your sake but foremost the children who are involed in this matter.I hope it all works out for you all,as it sounds like they just want the money benefits.

Answer 6

YOU have been responsible for each of these infants for over half the year .. it is only correct and fair that you take the deduction on your taxes for their care ... and this is especially true for the baby that is in your home due to CPS Order (the parents can NOT claim that child at all -- there is a LEGAL court order saying that they are PLACED in your home).

PS --- If I were you -- I'd tell those irresponsible 'adult age' children of yours to get off their backsides and get jobs, move out and BE responsible parents to their children. Otherwise, you ARE taking the Deduction since you provided for all their care and their children's care at this time.

Answer 7

you are able to claim the grand children on your taxes if you are and have of guardianship. If the children have lived under your in your home for six months or longer in that year, you can also claim them on your taxes. The only thing you need is their social security numbers, birth certificates, and proof that you are their guardians/providers.

Answer 8

Legally, you're entitled to claim them if they spent six months or longer under your roof and you were their primary means of support, which sounds like the case. Tell your free loading kids that if they step up to the plate and start taking care of their kids themselves, then they might get to claim them next year, but you're legally entitled to do so this year, and that it's the LEAST they can do for you after all you've done for them.