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4 Answers

Can grandparents claim grandchild

Asked by: Lynn Maroadi 2082 views ITA Discussion

Grandchild has lived with us since the day she was born.  The parents do not, the dad claims her on his income tax and she 1) she doesn’t live with him ever.  2) we get no child support at all.  3) We paid $7200 in daycare for her so we can go to work.  Question:  Can we claim her and the daycare.

4 Answers

  1. Amanda on Jan 23, 2013 Reply

    You can claim the child if she lived with you more than 6 months out of the year. All that you have to prove is that she lived with you and that you paid child-care. If you tell the IRS that the father has claimed her for the past years, then they will audit him and give the credit to you. Plus, the IRS will give you credit for child-care expenses.

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  2. Amanda on Jan 23, 2013 Reply

    Oh, and you can sue him in family court for custody and child-support.

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  3. Tina Tudor on Jan 01, 2014 Reply

    I have 3 granddaughters whom have lived in my home for 5 years. I don’t have legal custody, my daughter does, but she does not live with us. Visitation rights are the usual for the girls with their dads. There are 3 different dads. They all pay a small amount of child support, of which I will add that I receive none of, my daughter keeps it. I pay for all their care, clothing, food, I take off work when they have Doctor and dentist appointments. And I have claimed them on my income taxes for these years. Until now, I have not had a problem doing so. Now all of a sudden one of the dads wants to claim the child, and my daughters says that he has every right simply because he pays child support. We live in Oklahoma. By all legal rights, and because they live in my home other than standard visitation, who has the right to claim them. Keep in mind that I get no help from either father or mother finance wise on supporting these children. Am I or Am I Not the one who has the right to claim said children on my income taxes.

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  4. As90 on Apr 04, 2014 Reply

    You should go on the IRS website and take the eligibility quiz. It’s all going to account to how many collective days the child spent with you or him. Keep in mind that “temporary absence” plays a role to. If either mom or dad are presumed to be back in the child’s residence and are gone due to illness, work, or education than the child is considered to be “residing” with them for that period of time. There is no limit on this amount of time, I have heard of parents being gone for 3 years at a time and still qualify for residency. The qualifications for claiming a biological child are less strict than claiming a grand child.
    Child dependent: must prove relationship, residency (temporary abscense exception), and support- support for a biological child dependent to qualify only requires that the child did not provide its OWN support. The IRS recently changed this so that families with low incomes getting help from others would still qualify.

    From what you said, you certainly should be able to claim the child. However, if mom/ dad meet qualify as well, the IRS will use a Tie Breaker tool. The first breaker is that the parent ALWAYS gets the claim…. Although morally you should get to claim the child, the rules lean in favor of parents. This is sad because so many Grandparents are raising their grand babies. In cases like these, the IRS suggests working an agreement out between the relative and the parent prior to filing the claim.

    I live in Oklahoma as well, I commented because my mother in law went through a similar situation. The mother of her baby was an addict and had my mother in law completely care for her child for two years. My mother in law never received a penny. She makes good money and did not qualify for assistance. The first year she spent over 20k on that baby. Mom was eligible to claim her daughter both years on “temporary absence”. Her illness being addiction.
    If I were you, I would suggest getting some kind of guardianship. I don’t know the ins and outs, but I would imagine temp absence would be thrown out the window if you had legal and physical custody.

    Hope this was helpful. Good luck.

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