Can I claim my daughter, who lives with her mother, on my taxes?

Question

My daughter lives with her mother. Her mother has custody. However, both are claimed as a dependent on the grandmother's taxes.

I want to claim my daughter on mine, do I have a right? As I understand it, when it comes down to a dispute on who gets to claim, there's a heirarchy of these things. Between a parent and grandparent, the parent gets preference. I also provide ~75% of my daughter's support as well.

Basically I am asking on the basis that my daughter's mother does not file taxes, can I then claim my daughter?

Answer 1

The standard IRS rule is that the custodial parent gets the exemption. However, if the child's mother is claimed as a dependent by her mother she cannot claim her daughter as her own dependent, the tie-breaker rule in Table 6 of IRS Pub 501 gives YOU the exemption. In this case, you get the exemption for your daughter; the grandmother might be able to claim her own daughter as a dependent but can't claim the granddaughter.

This assumes that you provided more than half of your daughter's support.

Answer 2

If your daughter doesn't live with you over half the year, and does live with the grandmother, then the grandmother gets the exemption. Assuming the mother of the child lives with them too, if SHE wanted to claim the child, she'd win over the grandmother.

The "tiebreaker rules" are for when mor than one person files a return claiming the same qualifying child. That's the title of the tie-breaker table. And one of the rules for "qualifying child" is that the child lived with you for more than half the year. So since she is not your qualifying child, you don't have rights under the tie-breaker rules.

Unfortunately, providing 75% of the child's support has no bearing on being able to claim her as a dependent. You could go to court and try for a ruling that you can claim her, at least in alternate years.

Answer 3

No, you can't claim her unless she lives with you MORE THEN 6 months out of the year.

Is the mother of your child a minor? (Under 18?) Cause if she is, then the grandmother can claim both the mother and daughter.

YOU cannot.

Answer 4

This usually is outlined in your custody agreement. The standard in most states is that the custodial parent gets that right. In your case, you will most likely need to go to court to get that changed. Get a lawyer to help you state your case. It will probably be too late to do it this year though.

Answer 5

in all hazard. you are able to no longer locate out if he's doing it. you grants up it via doing taxes, and claiming her your self, on your taxes. you're able to do taxes whether you get SSI. each physique interior the international can do taxes. you do no longer choose a job, income, or something to be waiting to taxes. you are able to no longer provide up it without doing taxes. the sole way interior the international which you grants up it relatively is to do your person taxes, and declare her on your person taxes. in case you refuse to do taxes, then you definately won't be able to provide up everyone from claiming her. in case you do taxes, and declare her your self, on your taxes, then you definately'll locate out no count number if she is being claimed in basic terms via you or via you and somebody else. even though, you are able to no longer locate out who the different guy or woman is. and you are able to no longer locate out something till you do taxes.

Answer 6

if the grandmother does not claim her or you have an agreement with her that she wont claim her then you will be able to claim her on your return. If she filed already and claimed her then you wont be able to do it.