My son and his two children have lived with us, without his wife, for over 2 years. They are going through divorce but it is not done. My husband and I pay almost 100% of all three of their expenses. Including the home, food, clothing, school supplies, etc. The mother does not pay any child support and only sees the children 2-3 times a week. The court has not decided who will get to claim the children as the divorce is still in process. In the meantime, are my husband and I allowed to at least claim the grandchildren?
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You have left out some very important information. Does your son----the father of the children----work and have any income? Is he filing a tax return?
My son does work and will file and claim himself, but does not make enough money to support himself, let alone the children. Grandson is Type 2 diabetic and we buy most of the supplies he needs that Medicaid doesn't cover, on top of everything else. In 2024 he grossed roughly $30,000. His estrange wife hasn't work in months and provides no support. We are not looking to claim my son, just the grandchildren. He is afraid to claim them because their divorce isn't final and may not be final for a while.
He is also afraid that if we claim the grandchildren she will file a complaint against us, most likely through the IRS. I'm not afraid of that because I can prove what we send (continue to spend) to provide a home for my son and grandchildren. They would be on the street if we did not provide for them.
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