My children reside with my girlfriend & her parents. The grandparents went ahead & claimed my children on thjeir taxes without her permission. They also claimed my girlfriend who is 27yrs old. My question is do they have a right to claim my children on their taxes without her permission.
2007-02-02 07:50:06 · 9 answers · asked by lee m 1 in Politics & Government ➔ Law & Ethics
Who supports the kids? If the they all live with the grandparents and the grandparents provide more than a certain amount of money for their living expenses, then they are considered dependents. The costs we are talking about are their share of rent or mortgage, medical expenses, clothing, gas, electric and telephone, food. If your girlfriend and her kids aren't paying their fair share, then yes, the grandparents have the right to that deduction, even if you do pay some of their expenses. Since you weren't married, you don't have the right to automatically use them as a deduction, in a divorce, the right to use the exemption is sometimes granted to one parent or another, but that doesn't apply here, if you want to claim them then you had best be prepared to show receipts for all child payments that you made, and proof that you provided more than their percentage.
2007-02-02 08:05:02 · answer #1 · answered by justa 7 · 1⤊ 0⤋
Here's my take on your question: 10 year olds normally hop, skip, and move around They have a lot of energy. They are still young enough to pick up objects on a coffee table (even adults do that sometimes). In my opinion, those are not worth fighting about unless they become extremely annoying or disruptive. But parents should keep in mind that many older people are more easily annoyed by kids' noise and energy. I think that going into the "public" areas of the house, such as the kitchen, living room, dining room, and bathroom is OK. Going into bedrooms, offices, attic and basement, should be done only with permission. Grandparents should not discipline their grandchildren if the parents are in their presence. They should ask the parents to do it. Parents need to respect the grandparents' preferences regarding their home - it is THEIR home, after all, and the grandchildren are guests. If the grandparent is providing child care while the parent is gone, they need to discuss discipline with the parent ahead of time.
2016-05-24 05:57:50 · answer #2 · answered by Cheryl 4 · 0⤊ 0⤋
Five tests must be met for a child to be your qualifying child. The five tests are:
Relationship, Age, Residency, Support, and joint return.
Your son, daughter, stepchild, foster child, or a descendant (for example, your grandchild) of any of them, or
Your brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant (for example, your niece or nephew) of any of them
Under age 19 at the end of the year and younger than you (or your spouse if filing jointly),
A student under age 24 at the end of the year and younger than you (or your spouse if filing jointly), or
Permanently and totally disabled at any time during the year, regardless of age.
To meet this test, your child must have lived with you for more than half the year.
To meet this test, the child cannot have provided more than half of his or her own support for the year.
full publication:
http://www.irs.gov/publications/p501/ar02.html#en_US_2013_publink1000220886
2014-05-14 07:31:52 · answer #3 · answered by Helkos 1 · 0⤊ 0⤋
Actually, I believe so. Dependents are those dependent on you, and I don't know the legal definition but if your girlfriend and her children fall into this category then by no means is it fraudulent for them to claim them.
In the directions for the tax forms should be an explanation on "who qualifies as a dependent". While it's possible that her parents just randomly decided to claim them it's also quite likely that they did so because they are all legally their dependants.
"If you want to claim a person as a dependent on your tax return, that person must meet five criteria. A dependent must be a member of your household, be a US citizen or resident, not be married and filing a joint return, have income less than $3,050, and you must provide more than half of their support."
2007-02-02 08:06:29 · answer #4 · answered by laurie888 3 · 2⤊ 0⤋
It depends. Since your gf and kids are living with her parents, it sounds like the gf and kids are dependent upon the grandparents. If they provide a majority of their housing, food, utilities, etc, then the grandparents can and should rightfully claim the children. Those deductions are for the people who are actually PAYING for the care and upkeep of the kids, not just the person who squirted them out.
2007-02-02 08:29:51 · answer #5 · answered by Goose&Tonic 6 · 1⤊ 0⤋
This depends on whether you are paying child support for your children. If your girlfriends parents can show evidence that they pay the lion's share for support of your children, they have every right to claim your kids. If you decide to claim the kids, too, then both parties will be subject to audit. The IRS will then decide who has legitimate right to claim your kids.
Your parental rights don't automatically give you the right to claim the kids if you don't really support them. It sounds like you and your girlfriend "want your cake and eat it too."
2007-02-02 08:03:30 · answer #6 · answered by briang731/ bvincent 6 · 0⤊ 0⤋
Who would they be getting this permission from exactly? Its called tax fraud to do it. If your "girlfriend" allowed it, then she is as liable as they are.
The thing is, now if you claim them, it will probably trigger something in the IRS that a lot of people are claiming them, especially since they will probably ask for the SS #.
2007-02-02 07:58:42 · answer #7 · answered by socalicd 3 · 0⤊ 2⤋
They should ask, but it is still tax fraud.
2007-02-02 07:54:08 · answer #8 · answered by whatchamacallit 4 · 0⤊ 2⤋
I don't know.
2007-02-04 17:05:57 · answer #9 · answered by ccfremont 1 · 1⤊ 0⤋