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  1. #1

    Default Claiming Grandchild As a Dependent and Getting the Child Tax Credit

    My son has primary legal custody of his 7 year old daughter. He recieves S.S.I. and he and his daughter my grandchild live in mine and my husbands home and have always lived here since she was born. parents divorced in 2014.. Mom moved out and she has shared legal custody and visitation. neither pays any child support... We provide all needs for grand daughter ( 7 yrs old) Housing, food ,heat, clothing ect. She has not spent one night with her mother since the 1st week in august... Then we still had her at least 5 nights a week.....My son can not file as his only in come is S.S.I..... Mom is claiming granddaughter as a dependent on her Income tax she only worked a few months. But wants the tax refund for the child credit.. is this legal. Would we have the legal right to claim her as she is supported by us and lives full time with us?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Claiming Grandchild As a Dependent /Child Credit

    No, given what you said she can neither take the dependent exemption nor qualify for the child and dependent care credit or anything else requiring custodial care of a child.
    Yes, if you meet the requirements for exemption (residency, support, relationship, ...) which I think you do, you can take it.

    Of course if you both claim her, you may get a letter from the IRS noting the discrepency. But after a few rounds you ought to prevail.

  3. #3

    Default Re: Claiming Grandchild As a Dependent /Child Credit

    Thanks for the reply and help.. Whats done is done shes filed and I don't want to cause troubles this year.

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