Dependants

[Trisha7872]

My mother's step grandchild (daughter in law's son) lives with her and her daughter in law cannot claim, she does not work. Can my mother claim him as a dependent even though he is her step grandchild?

[KatrinaB48]

As long as no one else qualifies to claim the child and she meets the qualifications below, then she can claim her step-grandchild.

Qualifying Relative Rules

• They don't have to be related to you (despite the name).
• They aren't claimed as a dependent by someone else.
• They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
• They aren’t filing a joint return with their spouse.
• They lived with you the entire year.
• They made less than $4,200 in 2019.
• You provided more than half of their financial support.

When you add the child as a dependent, the software will ask a series of questions to make sure you're qualified. 

[Trisha7872]

He only lived there 7 months last year so I am assuming she cannot claim him this time.

[LindaB1993]

In this instance, he is considered a  "grandchild", therefore the following applies:

You can claim their children (your grandchildren) that live with you if your son or daughter does not claim them, they live with you more than 1/2 of the year, and your income is higher than your child's income. Dependents are added under the personal info tab.

She is entitled to claim him since it is over six months.. The year requirement applies to other "Qualifying Relatives".