Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

1 Bump

SOMEONE ELSE CLAIMING YOUR KID TO GET AN EIC?

My father wants to claim my son for the last... 3 years.. On his taxes.. I am not sure if he never did file for the last 3.. or if he is planning to modify.. what he did file.

But he wants to do this.. here is my issue.

My father didn't support my son. I DID!

I rent the other half of my father's house from him. Social services pays him $300 a month. I also provide all the food I receive FOOD STAMPS... I talk care of purchasing atleast 85% of my son's clothes... the rest is made up from christmas gifts/birthday gifts.. and yes some small amount from grandpa...

But in general... IF MY SON NEEDS IT I PAY FOR IT.

I know there are all those bashers out there waiting to nail me for living on government assistance.. go ahead..

The question is this.. AM I JUST BEING A JERK? Should my dad have the right to claim My son.. as it would help him financially? The one thing I didn't say is this.. My father has provided a car for us to use for the past 2 years.. insurance included..

I know my dad helps with occasional babysitting.. etc.
I just don't want to get myself into trouble for allowing someone to claim my son..(which means he is claiming my son has lived in his care for the last 6-8 months) When the government.. Knows my son lives with me in an appartment they pay for.. eating the food they payed for.. etc.. you see my point?

 
2boys4momma

Asked by 2boys4momma at 7:53 AM on Jan. 24, 2011 in Money & Work

Level 14 (1,513 Credits)
This question is closed.
Answers (8)
  • I agree with aeneva, if you can possibly talk to a tax professional, do it. I'm worried that if someone comes poking around for whatever reason, they may question you on why they gave you benefits when it "appears" your son hasn't lived with you for three years. And, also what another poster said about if you've already filed your taxes and claimed him, that's going to look like tax fraud when someone else backtracks and claims him as well. Is your dad going to save a lot of money??? If it's just a measley amount and you feel like you owe him something for the car, the babysitting, then offer to pay what the difference would be in the tax decrease.
    amybaby_19

    Answer by amybaby_19 at 8:29 AM on Jan. 24, 2011

  • My advice is to talk with a tax professional about it. There could be many legal ramifications and you could lose your food stamps etc.
    aeneva

    Answer by aeneva at 8:19 AM on Jan. 24, 2011

  • There are some new laws out there about claiming adult children as dependents. He had better talk to a tax person before he does this though. Since the government in paying the rent and for food, he may get himself in trouble for claiming his grandson.
    Marwill

    Answer by Marwill at 7:55 AM on Jan. 24, 2011

  • Technically, anyone you sign a release for can claim your son. Legally.

    My SO claims my children legally, I sign a waiver for him come tax season. If you are concerned, you should look at the IRS website. It gives a very finite list of applicable laws. If you're still not comfortable, you should call their 800 number, and speak with a representative who can answer your questions with more validity.
    ObbyDobbie

    Answer by ObbyDobbie at 7:59 AM on Jan. 24, 2011

  • It is unfair of your father to claim your son. Tell him no. (Have you filed your taxes for those years? He can't file listing your son if you already have.) What is his reasoning? Because he feels he contributed so much to his care, or to reduce his tax debt? Either way, I still wouldn't let him do it. What happens if this somehow interferes with your benefits? (I don't know if it could, but if you ever need to produce tax forms there would be a lot of questions.)
    Scuba

    Answer by Scuba at 8:13 AM on Jan. 24, 2011

  • Yes, he can claim him as long as you sign a waiver...
    sassy43082

    Answer by sassy43082 at 8:30 AM on Jan. 24, 2011

  • Legally if you arent filing your son then your ex has the right to file. I went through this some years back when my husband and I got engaged. My mom and dad had helped us out and we had lived with them and they wanted to claim the kids on their taxes. The tax preparer told us that unless we had something in writing then we couldnt do that unless of course I was also claimed as their dependent.
    Talk to a tax preparer. Just go to Walmart and ask the people there at Jackson Hewitt I am sure theyd be willing to answer your questions.
    gemgem

    Answer by gemgem at 8:37 AM on Jan. 24, 2011

  • He can claim him, as long as you don't. If he gets audited, all you have to do is tell them that you live on your dads property & he helps you raise your son. They're not going to take your benefits away because your dad helps you out some here & there. Just tell them you live with your dad. They won't do anything. My mom claimed my nephew for like 4 years in a row when my sister was living with my mom. nothing bad every came of it.

    "I'm worried that if someone comes poking around for whatever reason, they may question you on why they gave you benefits when it "appears" your son hasn't lived with you for three years."

    That wont happen.

    But, if you have claimed your son in the previous years, he may get audited. If no one claimed him the past few years, he'll be fine.
    samurai_chica

    Answer by samurai_chica at 9:03 AM on Jan. 24, 2011