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    Mariarod's Avatar
    Mariarod Posts: 1, Reputation: 1
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    #1

    Jan 3, 2015, 10:16 PM
    Can I claim my grandson as a dependent on my taxes?
    My grandson has been living with me and my son for 7 months by court order. Can I claim him on my taxes since my son is not filling this year?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Jan 4, 2015, 07:11 AM
    It is going to depend on what the court order says about support. Your son may or may not have the right to claim the child. Also is he on State aid of any kind ?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Jan 4, 2015, 07:53 AM
    He is a lineal descendant, and he lived with you for more than half a year, so if you provided more than half of his total support in 2014, you should be able to claim him as a dependent.

    What about the mother?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Jan 4, 2015, 03:36 PM
    I think what we need to be careful of is that there could be something from the courts as to who takes the child as a deduction. It is not uncommon for there to be even and odd years between parents. Also what is the reasoning that the son isnt filing at all?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #5

    Jan 4, 2015, 03:55 PM
    Divorce decrees often addresses who can and cannot claim the child on the annual income tax return. That is the reason I asked about the mother.

    However, court-ordered guardianship rarely addresses such issues, as such court orders are usually done to ensure the safety of the child and is NOT concerned about tax issues.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #6

    Jan 4, 2015, 07:57 PM
    At this time until OP clarifies the situation I dont see an issue of gaurdianship. The phrase " Since my son isnt filing" has me believing that the father of the child has custody. That is why before making a clear statement more information is needed on the situation.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #7

    Jan 4, 2015, 09:17 PM
    I think guardianship IS an issue. The terminology "court order" vice "divorce decree" makes me believe that.

    However, waiting for clarification does seem prudent.
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