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crediman88
New Member

Can i claim my daughter if my girlfriends sister claims my daughter on foodstamps and medicaid? I pay for everything and buy everything, we dont physically live with her.

girlfriends sister claims my daughter and my girlfriend on food stamps and medicaid

4 Replies
xmasbaby0
Level 15

Can i claim my daughter if my girlfriends sister claims my daughter on foodstamps and medicaid? I pay for everything and buy everything, we dont physically live with her.

Why is your GF's sister claiming your child for anything?  Who does the child live with?
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
crediman88
New Member

Can i claim my daughter if my girlfriends sister claims my daughter on foodstamps and medicaid? I pay for everything and buy everything, we dont physically live with her.

my gf and the baby live with my gfs dad, i stay there also on my days off from work but my gfs sister was on her sisters medicaid for the pregnancy and the child rolled into it when she was born.
Opus 17
Level 15

Can i claim my daughter if my girlfriends sister claims my daughter on foodstamps and medicaid? I pay for everything and buy everything, we dont physically live with her.

If the girlfriend's sister does not also live in the father's home, then the only people automatically allowed to claim the child as a dependent are the child's mother, or the child's grandfather.
*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
Opus 17
Level 15

Can i claim my daughter if my girlfriends sister claims my daughter on foodstamps and medicaid? I pay for everything and buy everything, we dont physically live with her.

When the parents of a child live apart, the only person who has the automatic right to claim the child as a dependent is the parent or close relative (aunt or uncle, grandparent or sibling) who has physical custody of the child more than half the year -- the person whose home the child sleeps in more than half the nights of the year.

If your girlfriend, her sister, and your child all live together, then the child's aunt can claim the child as a dependent as long as the child lived in the aunt's home more than half the nights of the year AND the aunt earns more taxable income than the child's mother.

If your child does not live with your girlfriend's sister more than half the nights of the year, then she is not legally allowed to claim the child as a dependent on her tax return.  But that doesn't mean that you can claim her.  There may also be food stamp and medicaid fraud going on, but it's hard to tell without more information.

The dependent exemption can sometimes be transferred to a non-custodial parent such as yourself but it requires a signed form from the custodial parent, and would allow you to claim the child tax credit and the dependent exemption but NOT EIC, since that only ever stays with the custodial parent.

To know exactly who has what rights in this situation, we would need to know many more details about who lives with who and for how much of the time, and who pays for what amounts of support.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
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