How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Robin D. Your Own Question

Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7413
Experience:  15years with H & R Block. Divisional leader, Instructor
14155347
Type Your Tax Question Here...
Robin D. is online now
A new question is answered every 9 seconds

MY 11 YEAR OLD GRANDAUGHTER HAS BEEN LIVING WITH ME SINCE NOVEMBER

Resolved Question:

MY 11 YEAR OLD GRANDAUGHTER HAS BEEN LIVING WITH ME SINCE NOVEMBER 2010. Her father wants to take her as his dependent. He took her last year over our objections and he wants to take her again. Can't we take her?
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Robin D :

Hello and thank you for using Just Answer,

Customer:

Hi

Robin D :

The person someone can claim as their dependent must meet certain requirements. Hi

Robin D :

I was formulating my response. Glad to see you in CHAT

Robin D :

Your grandaughter looks on the surface to be your dependent and not her father's provided she meets the requirements.

Robin D :

There are numerous ones so allow me a sec to get them all posted to you. :)

Robin D :

here are five tests that must be met for a child to be your qualifying child. The five tests are:




  1. Relationship, (good on this one because grandchild is OK)




  2. Age,(fine)




  3. Residency,(has to have lived with you more than half the year)




  4. Support, (did not pay for more than half of her own support)




  5. Joint return.(at 11 she meets this one too)






Customer:

So it appears that we can take her.

Robin D :

The only problem would be if her father claims her as well. In that case the IRS uses tie breaker rules and let's the parent have the exemption.

Robin D :

Not fair I know and not in keeping with the true nature of the situation.

Robin D :

If the father were to claim the child for any benefits that require the child to have lived with him he would be against IRS tax law and could place himself in a legal situation.

Robin D :

Maybe if you advise him of that possibility he would relent

Customer:

so he can take her. I am going to court in about a month to get full physical custody and hopefullu legal custody in some form. Father is in agreement as my daughter, Abigails mother is bipolar alcoholic. Would I be able to take her then?

Robin D :

Yes, if you were granted custody.
As she did not live with him he would not be allowed to really claim her. In doing so he would have to falsly claim she did on his tax return. If you could show all the proof that she lived with you all year in 2012 then I could claim her.

Robin D :

The IRS would send a letter to both of you (if he claimed her too) and ask for the proof that she lived with you. School records, Dr info (with your address), placement by agency

Robin D :

All of those would negate his claim

Robin D :

It's a touchy area but let him know that you are going to claim her because she did not live with him at all.

Customer:

Is there a way I can save or print ypour advice.?

Robin D :

Yes

Robin D :

You should see a button (SHARE) near or at the bottom

Robin D :

It will give option to print but you can also Copy and paste to word doc if you want

Customer:

I cannot find (SHARE).

Robin D :

Customer Service gave me those directions

Robin D :

The conversation is saved in "My Questions" and never is erased.

Robin D :

Maybe share comes up after you rate an dthey left that step out when they told me

Robin D :

So many people want to print so I asked and that is what Customer Support advised.

Robin D :

If you can copy and paste then I would do that

Customer:

Ok thanks you've been extremely helpful!

Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7413
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and 2 other Tax Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
< Last | Next >
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
  • I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight. Bonnie Chesnee, SC
  • Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation. John Minneapolis, MN
  • Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. Orville Hesperia, California
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
 
 
 

Meet The Experts:

 
 
 
  • Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/KU/KUMI95/2013-9-30_195031_kumar.64x64.jpg Wallstreet Esq.'s Avatar

    Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
  • http://ww2.justanswer.com/uploads/CU/Cuttinggirl/2011-10-29_03719_wcrop2.64x64.jpg Wendy Reed's Avatar

    Wendy Reed

    Enrolled Agent

    Satisfied Customers:

    3052
    15+ years tax preparation and tax advice.
  • http://ww2.justanswer.com/uploads/CATax/2009-08-04_204548_Mark.jpg Mark D's Avatar

    Mark D

    Enrolled Agent

    Satisfied Customers:

    985
    MBA, EA, Specializing in Business and Individual Tax Returns and Issues
  • http://ww2.justanswer.com/uploads/IN/insearchoftheanswer/2013-8-16_0233_attorney.64x64.jpg Richard's Avatar

    Richard

    Tax Attorney

    Satisfied Customers:

    3229
    29 years of experience as a tax, real estate, and business attorney.
  • http://ww2.justanswer.com/uploads/MY/MyVirtualCPA/2012-7-5_44024_cookmegan1.64x64.jpg Megan C's Avatar

    Megan C

    Certified Public Accountant (CPA)

    Satisfied Customers:

    6121
    Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
  • http://ww2.justanswer.com/uploads/JG/jgordosea/2012-6-7_43138_GordosVeritas.64x64.jpg jgordosea's Avatar

    jgordosea

    Enrolled Agent

    Satisfied Customers:

    2783
    I've prepared all types of taxes since 1987.
  • http://ww2.justanswer.com/uploads/OZ/ozaukeecpa/2012-6-7_193219_Picture1croppedandshrunk.64x64.jpg MequonCPA's Avatar

    MequonCPA

    Certified Public Accountant (CPA)

    Satisfied Customers:

    2231
    CPA, Over 30 yrs experience w/individuals and small businesses. Masters in Tax.