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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15605
Experience:  15years with H & R Block. Divisional leader, Instructor
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MY 11 YEAR OLD GRANDAUGHTER HAS BEEN LIVING WITH ME SINCE NOVEMBER

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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?

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!

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