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Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 4113
Experience:  Extensive Experience with Tax, Financial & Estate Issues
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My daughter is 17 and lives with me full time.. I have custody

Customer Question

My daughter is 17 and lives with me full time.. I have custody of her. In 2011 she had a baby and both live with me full time. I have paid for all medical bills alone thru my HSA account. I also provide for both... I provide family health insurance thru my work for my children and the baby is on Medicade (Hoosier health wise). Legally we do not get child support from the babies father. He was just giving my daughter $50 a week... now he gives her $100 a week to cover childcare basically. I am trying now to get that set up legally thru the court. I was advised to make the child support legal since they both are so young and eventually will probably have lives of there own someday... that way legally it would already be set up. The daddy has a full time job and makes approximately $18 an hour. The daddy is upset and his family because they say I have no right to claim the baby on my taxes as a deduction... and that Megan (mom) can give him permission to claim the baby as a deduction out of kindness. My accountant told me that I was entitled to claim baby as a deduction and mommy since they both live with me full time and mom is a minor and not imansipated and is a full time student. This all makes me just ill. I took my retirement to fund the HSA to pay all the kids bills. I am a single mom myself with three children and now little baby too... which I love them all. Could you please tell me what is legal in this manor. I am not wanting to claim baby as a deduction for the gain of money... I am just hoping it will help recover some of the medical expense which my retirement paid. Please adivse
Submitted: 2 years ago.
Category: Tax
Expert:  Stephen G. replied 2 years ago.

Stephen E. Grizey :

Hi & thanks for using our service. I'll do my best to give you a complete & accurate answer. Please ask me to clarify anything you don't understand.

Stephen E. Grizey :

If you are furnishing more than 1/2 of the baby's support, you are entitled to claim the baby (as well as your daughter) as dependents.

Customer:

How do you figure what is half the support.... they life with me... I provide food, clothing, all living amenities... just as if the baby were one of my own children. The only thing that the dad's money goes towards is childcare....

Stephen E. Grizey :

In the determination of support, just about everything is considered, value of housing, food, medical expenses, insurance, etc., etc. In this day & age $100. a week doesn't cover 1/2 of the baby's support and if the value of what you furnish is more than that, then you automatically must furnish more than the baby's father.

Stephen E. Grizey :

Childcare because your daughter is still in school, correct?

Customer:

I feel they are doing this which makes my daughter feel like, "if she does not do this the daddy will not love her and the baby anymore." Which is an awful card to play... Meg is just an immature kid and she already has not self confidence. This all makes me ill.... I just want correct answers so I can help my daughter understand mom is not doing this out of selfishness or greed.... I am trying to do what is right being a single mom with three... now 4 children. I figure the more I can do legally correct... in the long run... it will help the kids out.

Stephen E. Grizey :

Well, I can't comment on the social aspects of it, but the father isn't providing more than 1/2 of the support, clearly your daughter isn't, so I'm not sure she can "give up" the dependency exemption even if she wanted to; normally that would be the case as she is the "custodial" parent, but this is an unusual situation; you are the one providing more than 1/2 of the support, you get the exemption.

Customer:

is there somewhere I can pull up this information (like on IN.gov?) that I have proof to show the daddy's family?

Stephen E. Grizey :

Well, I can give you the dependency exemption requirements, but I would suggest that you don't get involved in trying to explain "tax law" to anyone; this isn't something you want to argue about; first of all it isn't worth it, second of all you aren't going to convince anyone they are either right or wrong & third, the answer will never appear to be cut & dried; let me get you the reference; however, be careful, it gets complicated, even though it shouldn't be; (they aren't married, were never married, therefore not divorced, the court hasn't ordered child support, and on & on).

Customer:

Ok... I understand. Am I able to print this out so that I have proof that I researched the information? ... I guess I could cut it and paste it into a document? You have been very helpful and I appreciate the straight up answers... and not wishie washie ones. In my case... especially when sometimes I have to ask for help.... I want straight up answers that are easy for me to grasp.

Customer:

Now what I just paid for is for one month correct? No more will be taken out of my account? After thirty days do I need to quit the service? so as not to be charged more? or is this just one month and one month only and no more fees will come out of my account after 30 days? I was charged $38

Customer:

Hello?

Stephen E. Grizey :

Im here................just trying to get you the best reference..................

Stephen E. Grizey :

Now as I said, this can be very confusing in your circumstances

Customer:

ok... sorry... I thought I lost connection... I am a graphic artist and have two monitors I work from... sometimes security firewalls will knock us off line... just making sure you were still there. Thank you

Stephen E. Grizey :

Keep in mind that your grandchild is a "qualifying child" to you by definition; this is very important as it puts you in the same situation as if you were the parent;

Stephen E. Grizey :

The reason that the father can't claim them child is because the child didn't live with him & he doesn't qualify for one of the exceptions to that requirement; basically, because the parents don't furnish more than 1/2 of the child's support;

Stephen E. Grizey :

Again, I don't recommend that you try & explain this to "the other side", but you'll have to do whatever you want....................

Stephen E. Grizey :

Here's the link to the IRS Publication with respect to determine requirements to claim dependents.............again your grandchild is a "qualifying child" rather than a "qualifying relative"..................

Stephen E. Grizey :

http://www.irs.gov/publications/p17/ch03.html#en_US_2011_publink1000170857

Stephen E. Grizey :

As far as the charges go for JustAnswer, the experts don't control that; however, if there is any problem, you will prevail as the policy is 100% satisfaction or you don't pay;

Stephen E. Grizey :

However, even if you are on the monthly arrangement, you have to "ACCEPT" in order for me to get credit for my answer; in fact if you didn't tell me, I wouldn't know what your arrangement with JustAnswer is; they don't tell us....................

Stephen E. Grizey :

Please remember to "ACCEPT". Feedback, if you have time & bonuses where you think they are warranted are always most appreciated. I'll be happy to answer any follow-up questions you may have.

Customer:

Thank you for you r time. I greatly appreciate you answers on this subject which has seemed to overcome my household. You have been very helpful... God bless.

Customer:

I will accept the charges for the 30 days then discontinue after that. Thank you again.

Stephen E. Grizey :

Thanks for using our service & good luck; you've got a lot to deal with; a lot more important than this; don't let it get to you; you are doing what is correct & reasonable in the circumstances;

Stephen E. Grizey :

If you need me again, just ask for "Steve G" at the beginning of your question.

Customer:

Thank you again!

Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 4113
Experience: Extensive Experience with Tax, Financial & Estate Issues
Stephen G. and 2 other Tax Specialists are ready to help you

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Stephen G.
Stephen G.
Tax Professional
4113 Satisfied Customers
Extensive Experience with Tax, Financial & Estate Issues