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If my daughter does not live with me but i support her and her two children can i claim them?

Forum|Forum|7 years ago
June 7, 2019
5 replies
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my daughter is in a divorce situation. he left and i maid her mortgage for 3 months then i couldn't afford it so she lives in the home in foreclosure. i feel this year or 2017 she will be liveing with me.i pay the elec,phone,internet, buy some of her gas for the month all the baby's (2) diapers and much more. she does not live with me however. can i claim them?

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Best answer by Opus 17

To claim your daughter as a dependent when she does not live with you, she

1. must have less than $4050 of taxable income,

2. you pay more than half her total living expenses for the whole year (considering support from all sources including husband, state aid, etc.)

To claim your grandchildren as dependents when they do not live with you, they

1. must have less than $4050 of taxable income

2. you provide more than half their total support

3. no other taxpayer can qualify to claim them ahead of you.

Their mother qualifies ahead of you if she lives with the children more than half the nights of the year. She is a taxpayer if her income is more than $10,300 and she is required to file a return, or her income is less but she files a return to claim EIC or other credits. If her income is less than $10,300 and she only files a return to claim a refund of tax withheld and does not claim any other credits or benefits, then she is not a taxpayer.

Also, the father might qualify ahead of you if the children lived with him more than half the year and he is a taxpayer. For example, if they separated in July, then the father probably lived with his kids more than half the year. But if they separated earlier and he doesn't have much custody, then he might not have had them for 183 nights.

S

SweetieJean

Alumni - Champ

Will you provide more than 50% of her support for the entire year of 2016?

S

SweetieJean

Alumni - Champ

Did she have any 2016 income of her own? And what state does she live in?

V

vcoldduckAuthor

Level 2

no income of her own other than the 400.00 a month she gets for child support for 2 children which I also support. state of florida.

O

Opus 17

Answer

Level 15

To claim your daughter as a dependent when she does not live with you, she

1. must have less than $4050 of taxable income,

2. you pay more than half her total living expenses for the whole year (considering support from all sources including husband, state aid, etc.)

To claim your grandchildren as dependents when they do not live with you, they

1. must have less than $4050 of taxable income

2. you provide more than half their total support

3. no other taxpayer can qualify to claim them ahead of you.

Their mother qualifies ahead of you if she lives with the children more than half the nights of the year. She is a taxpayer if her income is more than $10,300 and she is required to file a return, or her income is less but she files a return to claim EIC or other credits. If her income is less than $10,300 and she only files a return to claim a refund of tax withheld and does not claim any other credits or benefits, then she is not a taxpayer.

Also, the father might qualify ahead of you if the children lived with him more than half the year and he is a taxpayer. For example, if they separated in July, then the father probably lived with his kids more than half the year. But if they separated earlier and he doesn't have much custody, then he might not have had them for 183 nights.

S

SweetieJean

Alumni - Champ

"husband did not live in home in 2016"

Critter

Level 15

If she made more than $4,050 in 2016 then you cannot claim her and since she will then file a return then she should claim her own kids.

As for 2017 ... once again her income will be an issue and if they live with you the kids will probably be qualifying children for both of you so you will need to review your options at that point.

There are two types of dependents--qualifying child and qualifying relative. There is no specific income limit for a qualifying child dependent for you to claim them. Here are the requirements:

1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.

2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student, or (c) any age and permanently and totally disabled.

3. The child must have lived with you for more than half of the year. Temporary absences while away at college are considered living with you.

4. The child must not have provided more than half of his or her own support for the year.

5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.

6. The child must be a U.S. citizen or U.S., Canada or Mexico resident for some portion of the year.

7. The child must be younger than you (or your spouse, if filing jointly) unless disabled.

If the person doesn't meet the qualifying child requirements, then there is an income limit to be claimed as a qualifying relative:

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.

2. The person either (a) must be related to you or (b) must live with you all year as a member of your household. (and must not be in violation of local law)

3. The person's gross taxable income for the year must be less than $4,050 in 2016.

4. You must provide more than half of the person's total support for the year.

5. The person must be a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.

Also if the father will claim the children this will put another moving part in the works.

The parent with whom the child lives more than half the year (184 or more 184 nights for 2016) is automatically entitled to claim the child as a dependent. This is the custodial parent. (IRS determines custody based on where the child lives, not any court order or agreement.) The non-custodial parent is not entitled to claim anything.

However, the custodial parent can sign a release (form 8332) allowing the non-custodial parent to claim the child as a dependent. You can download this form from the IRS web site. The custodial parent signs it and gives it to the non-custodial parent and the non-custodial parent mails it to the IRS after e-filing the rest of their tax return. In this case, the non-custodial parent can claim the dependent exemption and the child tax credit. The non-custodial parent can never claim earned income credit, the dependent care credit (day care credit) or use the child to qualify for head of household status. Those benefits always stay with the custodial parent.