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Ed Johnson
Ed Johnson, Tax Preparer
Category: Tax
Satisfied Customers: 10760
Experience:  GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee
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My grandson has lived with me since his mom and dad split up

Customer Question

My grandson has lived with me since his mom and dad split up for around 9 months he goes to visit his dad 2-3 days a week but his dad hasn't paid any support or neither has his mother I have gotten medical and supplement from washington state and have a child support case against his parents can i legally claim him on taxes or does his dad get to?
Submitted: 7 years ago.
Category: Tax
Expert:  Ed Johnson replied 7 years ago.

Dear hinrich,


By IRS Code it will not be dependent on the child support issue. it is based who is the custodial person in terms of whom he has lived with.


Since he is not your child, he has to qualfy for you to claim him as a qualifying relative.


The rules for qualifying relative are:


1. He is not the qualifying child of another person. (it looks like his dad is not because he would have had to have lived with the father at least half the year.) If he lived for more than six months with either parent he would be thieir qualifying child.


2. Your grandson earns less than 3700 dollars a year.


3. You provide more than half your grandson's total support for the year.


4. He can not be filing a joint return with anyone else.


5. He must be a Citizen or Resident Alien of the United States, Canada, or Mexico.


NOTE: a grand child is listed in publication 501 as not being required to have lived with you the entire year.