Sign Up

Why sign in to the Community?

  • Submit a question
  • Check your notifications
or and start working on your taxes
cancel
Showing results for 
Search instead for 
Did you mean: 
brandensmith05
New Member

Can a grandparent claim grandkids that live with their mom in that household if me the father wants to claim them and i provide half of their support via money medicaletc

 
1 Reply
macuser_22
Level 15

Can a grandparent claim grandkids that live with their mom in that household if me the father wants to claim them and i provide half of their support via money medicaletc

If the child lived with both the parent and the grandparent for more than half the year, it makes no difference who pays for the child's support as long as the child did not pay for his/her own support. 

The child can be the qualifying child dependent of either the parent or grandparent - you can decide which claims the child.  In the case that you cannot decide then the parent prevails.

The absent father that did not live with the child cannot claim anything unless the mother releases the exemption (and child tax credit) to him with a signed 8332 form.  If she does so then she (the mother) or grand parent can still claim the child for EIC and the child care credit.

If there is a decree or court order that the father can claim the child's exemption then the mother can be compelled to issue a 8332 form to the father.   That would have to be enforced by the local court, the IRS only goes by physical custody unless there is a 8332 form with the absent parents tax return.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
Dynamic AdsDynamic Ads
Privacy Settings
v