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    arkupsdriver's Avatar
    arkupsdriver Posts: 2, Reputation: 1
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    #1

    Jan 3, 2010, 11:47 AM
    Claiming a grandchild on your taxes that lived with you
    My grand son (2yrs.old now) has lived with me, as well as his mother since April of 08. This past year of 2009 an altercation occurred and she moved out on July24 and gave up custody to the baby's father on July 29th. In the year of 2009 she was on unemployment from March to July, and I paid for EVERYTHING for her and the baby,(actually the whole time she was here) can I claim my grandson on my taxes, and if I get audited, what kind of proof do I need, to show that he lived here with me and that I provided for him?
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Jan 4, 2010, 08:31 AM

    If the father files taxes he will probably claim the child as a qualifying child, in which case you can not claim him (two different tax payers can not both claim the same child). If your daughter and son-in-law are legally separated they should have an agreement that specifies which of them is allowed to caim the child. See Pub 501 starting on page 11 for details: http://www.irs.gov/pub/irs-pdf/p501.pdf
    arkupsdriver's Avatar
    arkupsdriver Posts: 2, Reputation: 1
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    #3

    Jan 4, 2010, 10:21 AM

    No the father IS NOT claiming him, in our IRS guidelines states that the child must live with you 6 months or more, he has only had him 5 months out of the tax year. He never was a son-in-law, (not married) and she lived with me while I supported her and my grandchild. HRBlock said I could claim him, but I am just double checking that info. With other resources. My daughter is not a nice person, and she will try to get everything she can. What proof do I need that I supported him, and he lived here, because I know I will be audited.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #4

    Jan 4, 2010, 11:01 AM
    Quote Originally Posted by arkupsdriver View Post
    No the father IS NOT claiming him, in our IRS guidelines states that the child must live with you 6 months or more, he has only had him 5 months out of the tax year.
    Wrong - the father does NOT need to live with the son in order to claim him as a qualifying child - there is an exception for separated parents. Look at Table 5 in Pub 501, "Tests to be a Qualifying Child," and note the exception footnote 2 for the case of parents who live apart. He also does NOT need to show that he provided more than 50% of support for the child (only that the child didn't provide more than 50% of his own support).

    Quote Originally Posted by arkupsdriver View Post
    He never was a son-in-law, (not married) and she lived with me while I supported her and my grandchild. HRBlock said I could claim him, but I am just double checking that info. with other resources. My daughter is not a nice person, and she will try to get everything she can. What proof do i need that i supported him, and he lived here, because i know I will be audited.
    Well, if the mother tries to claim him on her own taxes you'll have the same issue as if the father tries to claim him. However, if you have an agreement with both the father and mother that neither of them will claim the child, then you can claim him yourself.
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