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View Full Version : SSD with dependents, in NY


CaptTripps
Jan 13, 2009, 12:56 PM
Summary of my situation - Single father, with physical custody of two children. Lost my hearing roughly 2 years ago in both ears (unknown cause). Could no longer work, and it caused me and my fiancé (the boys mother) to break up. Went on SSD. This will be the first year where my entire income was derived from the disability payments, which means I won't get a refund.

My question - can my mother claim my children so as to receive the dependent benefit? They live with me, but it is in a house that she (mom) owns that I lived in growing up. She moved in with my Stepfather when they were married, and was renting this place out. She let me and my kids move in at reduced rent because of my situation. She also purchased a car for me (>1000) when I could no longer afford the payments on mine, and covers the insurance. If I need help with diapers, food, medical costs etc, she and my stepdad have been the ones I can turn to, the ex being pretty much an Invisible Mom, and actually worse off financially than myself (been evicted twice since we broke up, which is one of the reasons I have custody).

I won't lie and say I'm not motivated by some greed, because I'm used to decent refunds and the prospect of getting nothing stinks, but I also kind of consider it a way to pay back my parents for helping me in this tough situation. If anyone has any insights, they would be appreciated. Thanks.

AtlantaTaxExpert
Jan 14, 2009, 01:16 PM
If your mother is providing more than HALF of her grandchildren's support, she can claim them as dependents even though they do not live with her. This assumes that you ARE the biological father of the children, because she must be their biological or legal (via adoption) grandparent in order to claim them without them living wth her.

She can also to claim you as a dependent if she provides more than half of YOUR support.