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parents claiming grandchildren on taxes

Posted by on Nov. 26, 2012 at 8:17 AM
  • 33 Replies

My sons GF kicked him out back in Feb. of last year. She moved back in with her parents downstairs finished basement.

They had a fight about money that quickly turned into the battle of the century. Last year he claimed the boys on his taxes, she wanted half  of the tax return. He said no, I will give you what I get for the boys which was a couple of thousand but I'm keeping the rest since he now had to get an apartment. He let her keep all the furnishings which were brand new.  Now that tax time is coming up she asked him what he planned on doing. He said the same. She went ballistic. She said it was against the law if he files and she'll turn him in. Then she said her parents are claiming them so she can get the money. My son's question is if they can do that legally. According to what she told  welfare she is living separately from her parents. I'm not sure if that makes a difference. Her parents don't charge her rent or room and board but according to welfare she pays. Its confusing. I told my son I would put it on here to see if anyone has any information if they can claim the boys or not.

by on Nov. 26, 2012 at 8:17 AM
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Replies (1-10):
lilmama8408
by Silver Member on Nov. 26, 2012 at 8:21 AM
No they can't. She can or their dad can. And whoever files first wins. My FIL got audited bc we claimed DS and he tried to claim DH and DS. O.o ... if they have a visitation thing with court set up the court can decide who gets to file. My mom always got to claim me and my brother while my friend gets everyother year and the dad gets the inbetween
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AdoptingMommy
by Member on Nov. 26, 2012 at 8:22 AM
2 moms liked this
Because he hasnt kept the kids 6mths this he cant claim them unless she gives authorization. If she lived with her parents & they provided for them then they can claim them. If she argues it they will make him pay it back after a investigation is done
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mamaBerg85
by Member on Nov. 26, 2012 at 8:29 AM
Unfortunately yes they can legally do that. My mom use to claim my daughter and I until I moved out at about 23. It didn't matter that I ws getting state assistance (I was paying her rent though) does your son pay child support? I really think it is only fair to the grandparents that they claim the kids if he isn't paying child support because they live there rent free. If they choose to give the money back to their kid I guees that's their choice but really if the kids dont life with him 6m total of the yr he has no right to claim them unless he has it in a custody agreement. Even then normally a judge will say every other yr or each parent claims one kid.
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karenax
by Bronze Member on Nov. 26, 2012 at 8:34 AM

She doesn't work so I don't think she can file at all since her only income is what my son pays in CS. She only receives FS because his CS pays more that what she'd receive on TANIF plus  they would make her take classes and she would only have a 2 year window before she is forced to get a job. FS's are indefinite. When and if she ever got a job he thought it would be fair if they each could claim a child. She is super greedy and so aren't her parents but  I think he may have to contact his lawyer. Thanks for the advice I really appreciate it.

Quoting lilmama8408:

No they can't. She can or their dad can. And whoever files first wins. My FIL got audited bc we claimed DS and he tried to claim DH and DS. O.o ... if they have a visitation thing with court set up the court can decide who gets to file. My mom always got to claim me and my brother while my friend gets everyother year and the dad gets the inbetween


marchantmom06
by on Nov. 26, 2012 at 8:39 AM
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Yes they can! If they provide everything then they are entitled to it. Legally he isn't at all since they dont live with him.
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mimismomma123
by on Nov. 26, 2012 at 8:53 AM
I like to know how much he gives her a month to take of these children. The person that provides for them should claim them. If she lives with her parents and they support them why shouldn't they claim them to help keep supporting them that what the money is for.
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mimismomma123
by on Nov. 26, 2012 at 9:01 AM
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I must add I think your sons the one being greedy he wants the money that supposed to be for the kids and keep for hisself when grandparents ate the one that takes care of them. They provide their home and bills. That money should be used for and only for children not for their parents to go on a damn shopping spree


Quoting karenax:

She doesn't work so I don't think she can file at all since her only income is what my son pays in CS. She only receives FS because his CS pays more that what she'd receive on TANIF plus  they would make her take classes and she would only have a 2 year window before she is forced to get a job. FS's are indefinite. When and if she ever got a job he thought it would be fair if they each could claim a child. She is super greedy and so aren't her parents but  I think he may have to contact his lawyer. Thanks for the advice I really appreciate it.


Quoting lilmama8408:

No they can't. She can or their dad can. And whoever files first wins. My FIL got audited bc we claimed DS and he tried to claim DH and DS. O.o ... if they have a visitation thing with court set up the court can decide who gets to file. My mom always got to claim me and my brother while my friend gets everyother year and the dad gets the inbetween



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kzuehlk
by on Nov. 26, 2012 at 9:04 AM
Her parents cannot claim their kid. If the tax issue is not worked out in a custody order, whoever claims first gets it. I've been the only one financially supporting my SS for years and I can't legally claim him because he is not my child
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karenax
by Bronze Member on Nov. 26, 2012 at 9:44 AM

I don't see how he is being greedy and never said he goes on a shopping spree. He pays 800 a month in CS PLUS he pays for ALL their clothes, shoes, diapers, haircuts, toys and anything else the boys need no matter what.  You make him sound like a deadbeat dad which his is not. He sees the boys EVERYDAY, like I said nothing has changed in her life except they fact that he goes home at night. Even when she wants to go on a family trip she'll ask him to go knowing he'll pay for the boys and he doesn't mind as long as he can spend time with them. He still does everything he always did when it comes to the boys. Not may woman can claim that their ex's do that. He will do anything to be with his boys as much as possible.

He gave her what he got in taxes when he claimed the boys and was going to do the same this year, but she wanted half of his tax refund. With him claiming he got the child tax credit because he was considered low income.  I told him that most of you said the parents can claim them and he's fine with that, he just wanted to make sure, didn't mean for this to become an argument.


 

Quoting mimismomma123:

I must add I think your sons the one being greedy he wants the money that supposed to be for the kids and keep for hisself when grandparents ate the one that takes care of them. They provide their home and bills. That money should be used for and only for children not for their parents to go on a damn shopping spree


Quoting karenax:

She doesn't work so I don't think she can file at all since her only income is what my son pays in CS. She only receives FS because his CS pays more that what she'd receive on TANIF plus  they would make her take classes and she would only have a 2 year window before she is forced to get a job. FS's are indefinite. When and if she ever got a job he thought it would be fair if they each could claim a child. She is super greedy and so aren't her parents but  I think he may have to contact his lawyer. Thanks for the advice I really appreciate it.


Quoting lilmama8408:

No they can't. She can or their dad can. And whoever files first wins. My FIL got audited bc we claimed DS and he tried to claim DH and DS. O.o ... if they have a visitation thing with court set up the court can decide who gets to file. My mom always got to claim me and my brother while my friend gets everyother year and the dad gets the inbetween

 



CTSBrandy
by on Nov. 26, 2012 at 9:48 AM

The IRS looks at who the boys lived with and  who was their primary support for 7 months out of the year. So, if they live primarily with their mother but the grandparents support all three, then yes they could claim the grandchildren as dependents. 

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