I just gave birth to my son a month ago. My mother and I got into an argument this evening and she blurted out that she is claiming my child on her income tax refund because I live with her. My boyfriend and I are moving out within the next two months. We're not married but him and I are still together and we decided that he would claim our son.
My mom also says that she's claiming me. I'm 18 years old.
Can my mom claim my son? Can she claim me? I'm not working at the moment so I cannot claim myself nor my son. What are the laws as far as her claiming my son is concerned?
2007-07-27 17:43:00 · 6 answers · asked by just.emily 1 in Business & Finance ➔ Taxes ➔ United States
She cannot claim your son unless she can prove that she provided for him. If you're moving out, and you're 18, then I'd think you're in the clear.
Did your boyfriend work? Is he going to try to claim you too?
Did you pay rent to your mom?
Do you get county aid or anything?
If you can prove it, then file away.
Worse case scenario-you both get audited.
So be careful.
Good luck!
2007-07-27 17:53:37 · answer #1 · answered by Renee 2 · 0⤊ 1⤋
A grandson can be a qualifying child for the grandparent on their tax return if they meet the qualifications. Since you are all living together, he could be the qualifying child of any of you - either parent, or the grandparent. Only one of you can claim the child, and if a parent qualifies, the parent has first right to the claim the child over the grandparent. So your boyfriend can claim the child, and if he does, then your mom can't. If he doesn't, then she could.
Your mother can claim you, though, if you don't provide over half of your own support, and if you aren't working, then it doesn't sound like you are. This is unless you turn 19 in 2007, and were not in school for at least five months of 2007. If you are 19 by the end of the year and were not in school, then your mom can't claim you.
2007-07-28 03:51:26 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
Here are the rules, I think I have covered all the cases.
If you are age 18 or under as of December 31, 2007, or you are enrolled as a full-time student during at least five months of 2007 (one semester in school qualifies), then your mother can claim you as a dependent even if you move out of her house.
If your age or student status qualifies as above, then you are a "qualifying child" of your mother. Your mother will claim you on her tax return. No one else can claim you on a tax return (in particular, the child's father cannot claim you.) Since you are a "qualifying child" yourself, you cannot claim your child.
If you are not a student in 2007, since you have no income, you mother can still claim you as a "qualifying relative." So, in any case, your mother can claim you as a dependent.
If your child moves out of the grandmother's home, then the child will not be a qualifying child of the grandmother. I assume you are moving out as you stated.
If the father has lived with the child since birth, the child is his qualifying child and he can claim the child as a dependent. He can receive the Earned Income Credit and the Child Tax Credit for the child.
If the father has not lived with the child since birth, then the child is not a qualifying child of anyone. In this case, between the father and the grandmother, whoever has provided over half of the child's support can claim the child as a qualifying relative. This will not allow the Earned Income Credit or the Child Tax Credit to be taken, it will allow only a dependency exemption.
2007-07-27 19:17:51 · answer #3 · answered by ninasgramma 7 · 1⤊ 1⤋
Prior answers have valuable info. Keep track of your travels--dates of moving in and out. Since you will have custody for more than you lived in your mother's house, then either you or your boyfriend can claim your son. I would suggest you get back to work now that the baby is born to make you claiming yourself and your son more solid. Good luck to you.
2007-07-27 22:57:44 · answer #4 · answered by IRENE THE BOOKIE 3 · 0⤊ 0⤋
She can claim you if she provides over 50% of your expenses (food, clothes, rent...) and you are a full time student or incapacitated or disabled, after you turn 18. She can claim your son if she pays 50% of his expenses (remember he has some medical bills associated with his birth).
2007-07-27 17:57:38 · answer #5 · answered by Anonymous · 2⤊ 2⤋
Simple answer: Put your mother into a nursing home.
2007-07-27 17:53:16 · answer #6 · answered by Ben D 1 · 0⤊ 6⤋