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7 Answers

Can someone whose only income is from SSI disability claim a child on their taxes?

Asked by: dtba 749 views YA Discussion

Not sure what details are necessary…
* he is 24
* he is also on food stamps
* his grandmother has an extra house that she let’s him live in for free (he is completely able to care for himself…not sure why he is still on disability or how it works)
* our daughter is with me four days a week and him the other three
* he has no other source of income

Thanks for your help!
I didn’t think he should be able to claim her but we haven’t gone to court so he has been arguing with me about it. In my opinion, not that it matters, he shouldn’t claim her because he hasn’t paid for anything for her at all. Everything that is provided for her at my house I have paid for by myself. His family helps him with everything, then he has ssdi and food stamps.

How others found here:

  • average amount for a child drowning your ssi disability
  • can a parent on ssi claim a child tax credit
  • can a person collecting ssi be a dependent on someones return?

7 Answers



  1. Quick Answers on Jan 06, 2013 Reply

    SSI isn’t even income. Filing and claiming $ 0 income with a child will NOT create a refund.

    He isn’t eligible to claim his daughter if you are the custodial parent with or without a signed form 8332.

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  2. Pascal the Gambler on Jan 06, 2013 Reply

    Sure, but they get nothing, as they paid nothing in and have no earned income.

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  3. brad on Jan 06, 2013 Reply

    Since SSDI is his only income then its not going to be subject to taxes so there would not be any benefit for him to claim a dependent. For him to get EIC he needs earned income which he did not have.

    Also if the house provided by his grandmother accounts for more than half his support then he can be claimed as a dependent by her, which means he cannot claim any dependents. If the rental value of the house is not more than 50% of his support for the year then you would need to sign a form 8332 to give him the right to claim the child tax credit and her dependency exemption. Again there would be no reason to do it because he would owe 0 taxes wth and without her exemption.

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  4. StephenWeinstein on Jan 06, 2013 Reply

    Generally speaking yes, but probably not in this case.

    The reasons that he probably cannot claim her are (1) that you probably can claim her yourself, (2) you live with her more than half the time, (3) he does not live with her more than half the time, and (4) if a child lives more than half the time with a parent who can claim the child, then anyone who does not live with the child more than half the time cannot claim the child.

    The one thing that is definitely not a reason is that his only income is from SSI disability. A person whose only income is from SSI disability can claim any child whom the person could have claimed if the persons income was not only from SSI disability. If he can’t claim her, it is only for other reasons; it is not because his only income is from SSI disability.

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  5. Bostonian In MO on Jan 06, 2013 Reply

    SSI is not taxable and is never reported on a tax return. If it’s his only income there’s no reason to file and there would be no benefit from doing so.

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  6. tro on Jan 06, 2013 Reply

    first of all, the parent with whom the child spends the majority nites with, and keep in mind it is the place where the child ‘sleeps’ that counts, that parent claims the child
    is he even eligible to claim her no matter what income he has?

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  7. Judy on Jan 06, 2013 Reply

    SSI isn’t reportable income so there’s nothing to file.

    It’s possible to file a return with no income and claim a dependent, but that would not bring any “refund”.

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