[szczepaniak]

My daughter lives with her mother, and they both live with her mother. My daughters mother has allowed her mother to claim my daughter on her taxes this year and last year. My daughters mother has custody of the child, legally, and her mother doesn't, they just live with her. I have paperwork stating who I pay child support to, and whose names are on the birth certificate. Is this fault for tax fraud, and is my daughters mother also an accomplice for allowing her mother to do this? If so what actions will be taken when I file a 3949a?

[Fr_Chuck]

Who is supporting the child, is the grandmother paying most of the home bills.

Doies the child support agreement allow you to ever claim child on taxes, if it does are you on your years

If it does not, then it is really not your concern.

I would give some personal advice, stop hating your ex so much that you look for things to do against them, and start working together for the good of your chilc

[rumspeachy]

From what I understand, it depends on how much percentage of the child's support you pay. My husband pays 100% of his daughters care, according to child support and the divorce decree, she pays nothing according to child support, so when we know she is not filing for the year because she didn't work, we claim my step daughter, but just not for the eic because that will get you into trouble if the child didn't live with you for more than 6 months of the year. The grandmother can claim her for eic purposes, but if the mother isn't filing taxes, you are next in line to claim the child

[MukatA]

Child support has nothing to do with claim for dependent child.

[rumspeachy]

Well I wasn't quite as clear as I could have been, I don't have an hour to spell it out.
Yes it does matter, if the child's mother did not work, and does not file a return. The father has to prove either by support or by the time the child is with him during the year, to claim the child. He has every right if the mother is the custodial and does not file a return, he gets to use the child next if he can prove he provides over 50% of the childs support or that the child spent over 6 months with him,PERIOD.
So the child lives with the mom/grandma during the year, you would think that grandma could claim the child, but she cannot if the father has a support order showing that he pays more than 50% of the child's support. Because I doubt the kid spends more than 6 months with him.
(we got our proof through his divorce decree. Says she is unemployed and the child support is only based on my husbands imcome solely, not hers. So when my stepchilds mom didn't work and the grandma tried to claim my stepchild she couldn't because my husband provides 100% of the child's support. Its tricky, but if you comb through the relationship and support tests it is clear who can claim the child.

[rumspeachy]

I would amend your tax returns the years you say that the grandma claimed your kid. We did amend three years back because of the same situation. We got our money and her grandpatrents were audited for previous 3 years and had to pay back every cent they got plus interest

[MukatA]

Non custodial parent can not claim the child unless the custodial parent signs a release. Even when the custodial parent signs the release, the noncustodial parent is not head of household and does not get earned income credit and any child care credit.