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    toldfield's Avatar
    toldfield Posts: 3, Reputation: 1
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    #1

    Jan 22, 2011, 01:04 PM
    Can I claim my grandchild as a dependent if she didn't live with me for 6 months
    My granddaughter has lived with me a month or so. Her mother receives social security benefits every month for her because of my son's death, however, the mother doesn't give me any of that money to help with my granddaughter's care. Her mother is not claiming her and says I can claim her. Is this legal?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 22, 2011, 01:24 PM

    As long as ONE of you claims her, there is no problem.

    I'm confused, though. If the mother is receiving SS benefits ON BEHALF OF THE CHILD, those benefits belong to the child, not the mother.

    Is that the case?
    toldfield's Avatar
    toldfield Posts: 3, Reputation: 1
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    #3

    Jan 22, 2011, 01:40 PM
    Comment on JudyKayTee's post
    Yes the benefits belong to the child but I would have to be the full time caregiver to legally get the benefits for the child. As it is the mother just blows the money on herself and doesn't have a place to live. That's why I have my grandchild.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 22, 2011, 02:11 PM

    Bless you - so few people step up to the plate.

    The mother isn't the full-time caregiver. It sounds like you are. Am I right?

    What would I do? I would call SS and ask this question.

    I wouldn't rock any boats because if I can read between the lines here it sounds like the mother MIGHT demand the child's return if the mother loses the benefits - am I right?

    This child needs you and as long as you can support her - again, bless you.
    toldfield's Avatar
    toldfield Posts: 3, Reputation: 1
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    #5

    Jan 22, 2011, 02:21 PM
    Comment on JudyKayTee's post
    You are exactly right about the mother demanding my grandchild back if I ask for money. I was just wondering if it's OK to claim my grandchild on my taxes because I thought it might cause issues with the Social Security Benefits.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Jan 24, 2011, 12:32 PM
    If you provide MORE than half of the child's support AND if the child lived with you for MORE than half of the year, then you can legally claim the child on your tax return, no problem.

    However, based on your original posting, the child has only lived with you for about a month, so, legally, you CANNOT claim her.
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