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Additional Details
I put the phrase it quotes ... |
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Debbi S | Can my mother claim my daughter for taxes? |
We don't live with her, but she buys all my daughter's clothes, school supplies, her cellphone, toys, etc. and helps take care of her when needed. My ex wants to claim her, though he didn't even work this past year--his new wife would claim both our daughter and their new son, but they refuse to give any of the refund to my daughter. He never sees her and child support is way less than half of her upkeep. The IRS said the only way they could claim her is with a letter of permission from me. So why can't my mother claim her?
Additional Details
I forgot to mention, sorry!, that I am disabled and do not work. My ex's wife pays $412 a month in child support--he does not work (he's in school), he lives across the country so never sees our daughter. He does not pay half her upkeep, no way about that, and he doesn't even work! His new wife isn't even a citizen, she's a resident alien, so I don't even know how HER claiming our daughter is legal....My mother is much more involved. I haven't ever added up what she spends on my daughter (and me), but it's a lot. She works 2 jobs so she can help us out. |
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taxreff
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There is no member of household test for a QR who is a close relative. However, you would first have to determine if your daughter is your qualfying child (QC). The sequence of tests would be:
1. If you have made enough to be required to file a return, or if you can file to get the EIC, your daughter is your QC and your mother cannot claim her.
2. If you and your ex combined provided over half of your child's support, you can claim her or you can sign Form 8332 to allow your ex to claim her. Your mother cannot claim her.
3. If your mother provided over half the support for your daughter, and you are not required to file a return nor can you file to get an EIC, your mother can claim her. |
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ninasgramma
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You are not going to file a tax return, and do not want to sign Form 8332 to the noncustodial parent.
Your child is not a "qualifying child" of your mother, since the child does not live with her. This leaves the category of "qualifying relative." In order to be this type of dependent, your mother will have had to provide over 50% of your child's support.
Since you receive disability income plus child support, it would be difficult to show that your mother actually pays over half of your child's support. However, if she does support the child, she could claim the child as a qualifying relative and see if the IRS challenges it based on their current interpretation of "qualifying relative."
The "qualifying relative" exemption would give your mother an additional $3,400 exemption but no other benefit. |
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Judy1
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No, doesn't sound like your mom could claim her - buying her those items would not be providing over half of your daughter's support if your daughter doesn't live with her. She couldn't claim her as a qualifying child - to do that she'd have had to live with her for over half the year. And to claim her as a qualifying relative, the only other way to claim someone, your mom would have had to provide over half of your daughter's support and housing and food and other household expenses, which she does not provide, likely make up a bigger amount of her support than clothes, school supplies and toys.
If your daughter had lived with your mom over half the year, the answer would be different.
I assume your ex and his new wife would be filing a joint return. If you give him permission in writing (you can use form 8332) then he could claim her, otherwise not since she lived with you and not with him for over half the year. |
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Doctor Deth
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so long as you have physical custody - you have control over whether you want to claim the child or not - you're mother would never be able to claim her and for your ex to claim her, you would have to sign over the rights on a specific tax form - your mother does not provide more than 50% of the child's support - you do thru child support and disability pay |
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Steve b
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Clamining a dependent child at times can be very complex. All support for the child has to be taken into consideration. That includes mortgage/rent for living, all utilities, food etc...etc... Since you do not live with your mother, you must either pay rent or a mortgage. Do you work? Do you pay for a baby sitter....Since hubby pays child support he pays for part of the upkeep for your daughter....other questions must be answered...the best would be to claim your daughter yourself, especially if what you contribute towards her living expenses is more than the yearly amount you receive from your ex. If you get a tax refund its up to you if you want to give a portion of it to your mom...but I'd guess she would not except it and let you keep it....don't let ex bully you.... |
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v b
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IF your mother meets all of the tests she could claim your daughter as a Qualifying RELATIVE. QR status only gives her the $3400 exemption, it does NOT give her HOH status, child care credit, child tax credit or EIC.
The deciding factor of course is support. In order to claim your daughter since she does not live with her, your mother would have to prove she provided more than half of the support. She must outspend you, the child support, the state, etc. There is a worksheet in publication 501 that shows how to calculate this.
If your mother does not qualify and you do not sign the form 8332, I would file and make sure you claim your daughter. Otherwise the IRS may miss the fact that you ex-husband isn't eligible to claim her without the form, let alone claim EIC with her. |
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Serge M
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Your mother can and should claim your daughter as a dependent if she provides more than half of her support. Your ex-husband should claim her if he provides more than half of her support. The question boils down to the support amount. Support is more than clothes, toy, and cell phone, and "taking care" is not necessarily considered support. Housing, meals and medical care are major parts of support. You don't say how much your husband contributes and how much your mother spends.
Does your husband pay alimony that you can use to maintain your household? Alimony is not child support, but if you use it for housing and meals, or if you have other income, then you are providing part of the support. Therefore it is possible that you child is supported by three people, none of whom is providing more than half. In that case you have to agree among yourselves who will claim the child as a dependent.
The logical solution is to have the person claim so that the total tax burden on all parties is minimized. However logic does not always appeal to conflicting parties. Usually the person in the highest tax bracket can glean the largest benefit. If you are third supporter of the child, you can give your permission by letter either to your ex husband or to your mother. From what you imply, there seems to be no good reason for you to claim the child on your tax return. |
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dazedandconfused
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Why don't you claim her? Shut everyone up. Your mom probably can't, unless you relinquish guardianship over to her I would imagine, but I don't live in the States, so I'm not sure how taxes work there...only that they're cheaper than here. LOL!!! |
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