Lisa A
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If you don't want to deal with arguing with the IRS, then file your taxes before your MIL. Only one person can claim a person, and the IRS will automatically disallow the second person who claims them.
If you end up filing second, you will be disallowed, and you will have to fight with the IRS. You'll need to explain why your MIL is not eligible to claim your child. Look up the regulations on the IRS web site. First of all, your MIL would have to provide over 50% of your daughter's support. |
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Too tall Texan
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Most likely both of you will be investigated for tax evasion. If it's your daughter, and you provide the support for her, then you'll be free and clear and she will be penalized. |
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Bob F
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Whoever electronically files first wins - temporarily. If a second return comes into the IRS claiming the child (it would have to be on paper because a second one filed electronically will not be accepted), the IRS will ask both parties to explain why they think they are entitled to the child and award it to the "winner" by their tie-breaker rules. A parent always beats a non-parent if you both qualify.
For either to qualify you would have to live with the child over half of the year. |
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Judy1
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Who lives where? If you all live with your gf's mom, then either of the parents, or her mom, can legally claim the baby. If you can't agree on who will claim her, the parent of the baby with the higher income gets to claim her.
If you have all been living with her, and aren't paying rent in an amount that is reasonable for what you are getting, you might consider whether you want to screw her over by not agreeing that she can claim the baby. You don't have to - but consider how much is would cost you to live on your own.
If you all live together and you and your gf's mom both claim the baby, her claim will end up disallowed.
If the baby lives with grandma but you don't, there are additional rules YOU have to meet to claim the baby |
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v b
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Before you make a mistake, make sure that you are ELIGIBLE to claim that baby before you file.
If the baby lived with YOU for those 3 months, then yes, you can claim the baby and your claim would win over the grandmother's. If the baby lived with her mother for those 3 months, then yes, the mother can claim the baby and her claim would win over the grandmother's.
On the other hand, if the baby and her mother lived with grandma and you *didnt'* then you have a problem. In order for you to claim the baby, you would need to show how you provided more than half of the baby's support (including rent to grandma) *and* have a signed form 8332 attached to your tax return. That would allow you to get the $3500 exemption and the child tax credit (but $0 EIC). If you can't show the support or don't have the form, you are out of luck. |
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tinaturner
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tell your gf mom that you are claiming the baby.If mom tries to she will have to pay the money back to the IRS.Claim the baby you won't get into trouble. |
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buggzzy
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2 things here how old are each of u and did u take care of her or did her grandma.... which one took care of her the most meaning where'd she live most of this last year |
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Tasha C
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If you live with her and she provides half of the childs support then she can claim the child, but like another answer said whoever files first wins temporarily. The second person will have to paper file and then you both will be getting letters in the mail. then you are going to need the help of a CPA or Attorney to solve the problem which is going to cost more then if you guys would just settle it before you file. |
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kemperk
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it will catch up with her; ignore it. |
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taxtools
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No. As long as she lived with you then you get to claim her. It's best to try to file your return before your gf's mom does. When the IRS receives a return that has a duplicate dependent SSN they'll send a letter to the taxpayer telling them to prove that they are the ones entitled to the claim.
http://www.irs.gov/
TaxRef
http://www.pdftax.com/ |
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Chris
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I am having the same problem. my gf's mother claimed are child and my gf told her that she wants to. Her mother straight up told her no. i know for a fact that she doesnt provide 50%. The mother lives with my gf and are baby because she cant get anythig in her name and she messed up her credit.and she is wanted for bad child support by the state of michigan. She told my gf that she is gona claim her cause she is gona use the money to try and pay her child support of. to me it sounds like she is just using are daugter. My daughter is with me All the time. She is over a her mothers maybe 3 days or less out of the week. and i have been wrighting down the days. Me and my gf need to claim my daughter cause we need to get new bed stuff anf cloths for are daughter and we need to pay off some medical bills. But my gfs mom told her 3 days ago that she claimed her and my gf allready gave me permission to do so. not her mom. And her mom didnt even bother to do my gfs taxes. she told her that she lost them and she will find them later. That she had to get hers done first so se can get them in and get the money. Another thing is i cant claim me daughter cause my gfs mom has my daughters ssn and wont give it to me. and she took all the papers that we had with her ssn on it so i wouldnt beable t find it. what should i do????? |
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