My husbands ex wife decided today she is claiming my step daughter age 18 and my step daughters toddler son on taxes for 2006. This is the situation: my step daughter lived with her mother for three months she then lived with her grandparents for two months and with her dad and i for the remaining 7 months of the year. when she lived with her mom for the three months she worked and paid for her own lunches, dinners and necessities. When her mother threw her out she kept her 1 1/2 year old grandson, who she is trying to claim as well. The son of my step-daughter (ex's grandson) lived with the ex for 7 total months and with my step daughter for 8 total months (three of the months the grandson was under the roof with both of them) so anyways now the ex wants money and is planning on claiming both of them. we wanted my step daughter to be able to claim herself and her son so she could get money back to get a car to go to college. who is legally able to claim my step daughter and grandson?
2007-01-09 12:03:46 · 15 answers · asked by chemky1 3 in Family & Relationships ➔ Family
I do not believe you husband's ex-wife can claim your daughter or her grandson, since it is not a child she is claiming, we are talking about a grown woman and her child who only lived with her mother 3 months and then she paid her way. I think if her mother claims her daughter's child then your step-daughter should report her for claiming for no reason and for claiming the child when the mother was there and presumably taking care of her own son.. I would definitely talk to an accountant. This woman doing this to her daughter has no scruples and I would pay all cost to find out if she can do what she is doing.. Your step-daughter needs a break. Good Luck
2007-01-09 12:14:03 · answer #1 · answered by Mari-Mari 6 · 0⤊ 0⤋
bostonianinmo is 100% correct. The parent that the child lives with is the one who gets to claim the child. Paying child support has no impact on who claims the child. There are certain situations where the non-custodial parent could have the right to claim the child, but only if the custodial parent (you) fill out the proper forms, or if a court order (such as a divorce agreement, or child support ruling) specifically grants the tax deduction to the non-custodial parent in exchange for their paying child support. There is no difference between natural parents and step parents in terms of taxes. I assume you and your husband file a joint return, so you claim your daughter on that return. If your daughter's father files his taxes first and wrongfully claims your daughter, he will initially get the deduction. This will prevent you from filling electronically. File your forms on paper and take the deduction, include a letter stating you are the custodial parent and the child's father had no right to claim her. The IRS will investigate to see who has the right to the deduction. They may ask you for more proof, but you just give them what they ask for, and they'll process your return. The IRS will chase down the child's father and make him repay any refund he wrongfully recieved, plus penalties and interest on the amount. Plus, if he claimed the Earned Income Credit (which he would if he only makes $15k) then he'd have that removed from his return and he would be banned from taking the EIC again for several years, even if he qualifies in the future.
2016-05-23 01:18:20 · answer #2 · answered by Anonymous · 0⤊ 0⤋
This question really begs for a tax accountant to answer. However is the step daughter of legal age, at 18, or is she considered to be a minor? As the step daughter worked, then she must file her own taxes, and her son is her dependent. So she may claim him on her taxes. As she is filing it would appear that she is not a dependent for anyone else to claim, unless it can be proven that she derived a major amount of her support from some one else.
2007-01-09 12:15:20 · answer #3 · answered by Beau R 7 · 0⤊ 0⤋
Who ever has the legal physical custody unless you have a stipulation indicating who will be claiming the children. Not who has more time with the children....but who went to court to either get a stipulation agreement regarding taxes or whomever has the majority of custody.
If I had a child who lived with her father but on court documents it indicates that I have 75% physical custody and my child never lived with me...I can legally claim her as a dependant unless I indicated in a stipulation agreement that he can claim the child then it's whatever is written. However, if this is joint custody then it's really fair game....but my suggestion is to go ahead and proceed with a stipulation agreement...I have known people that each year they take turns on claiming...
Oh by the way I do work in a very elite accounting firm (the nations 12th prestigous firm) in CA so I do have the experience
2007-01-09 12:26:27 · answer #4 · answered by mailjunkie123 3 · 0⤊ 0⤋
Look at the divorce decree. If it states that the father gets to claim the daughter then that is law. If the decree states whomever the child lives with the most during the year, then that is the law. If all else fails, contact a lawyer or the IRS. They will let you know who can claim them. You can even e-mail your question to them and they will get back to you.
Good luck.
2007-01-09 12:11:55 · answer #5 · answered by Joel 3 · 0⤊ 0⤋
First thing to do is file before she does!!!!!! and I mean that!!!!
Sounds like you have the upper hand since most of the time she lived with you, she may have a case on the grandson but will she be able to prove it? Bottom line the FILE NOW
2007-01-09 12:24:44 · answer #6 · answered by stonedpigeon1 2 · 0⤊ 1⤋
The ex can not legally claim your stepdaughter or her son. By law stepdaughter can claim herself and her son.....or your husband can claim his daughter and she can claim her son. I suggest you have someone...meaning either hubby or his daughter to file a.s.a.p.........preferably his daughter so she can afford the car....if she files before the ex does......when the ex files she will be in major trouble for trying to commit a federal fraud.
2007-01-09 12:11:27 · answer #7 · answered by BabyGirl 3 · 0⤊ 0⤋
she has to live with them for at least 6 months for them to claim her, but only if they supported her if she worked and payed her own way then she should file on her own.
2007-01-09 21:09:50 · answer #8 · answered by Diane 2 · 0⤊ 0⤋
The grandmom and the mom.It doesn't sound like the teen minds so why do you.Are you mad you aren't claiming them.The mom can claim her daughter until her daughter turns 25.Sorry,but maybe you should but out!
2007-01-09 12:20:09 · answer #9 · answered by fnocentelli 3 · 0⤊ 1⤋
if she is 18 & has worked,she can claim herself& her son on her own. but you can call the 800 # for tax info to be sure,.
2007-01-09 12:09:57 · answer #10 · answered by Tired Old Man 7 · 0⤊ 0⤋