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Nephew living with Grandparents

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SmStuf

Junior Member
What is the name of your state?Texas

I have a sister who has three children and not married. She has a live-in boyfriend and has two of her kids living with her. Her first born son has always lived with my mom, his grandparents. She was living there when she got pregnant and now has moved out a long time ago, he's six years old now. She claims all three children at tax time. One year she gave my mom $1,000 to care for him. She has yet to give ANY money for him this year! Including lunch money, money for his clothes, food, etc. She and my mom had an arguement about that and she hasn't came went over to visit her son or call him on the phone, this has been a few months now. She won't give my parents custody to claim him, I guess it's the idea of signing him over like adoption or something. But she isn't doing anything because she knows my parents aren't going to starve him or let him run around naked because she hasn't given them money for some of his care. My older sister said someone at her work said they could claim him and then she would have to pay the IRS back for them giving a tax refund to my parents. Is this true? How would we find out the facts if so? Since he's on his mom's Medicade, would this affect his Medicade benefits? I need some answers...please help! :confused:

Sincerely,
Sherry
 


LdiJ

Senior Member
SmStuf said:
What is the name of your state?Texas

I have a sister who has three children and not married. She has a live-in boyfriend and has two of her kids living with her. Her first born son has always lived with my mom, his grandparents. She was living there when she got pregnant and now has moved out a long time ago, he's six years old now. She claims all three children at tax time. One year she gave my mom $1,000 to care for him. She has yet to give ANY money for him this year! Including lunch money, money for his clothes, food, etc. She and my mom had an arguement about that and she hasn't came went over to visit her son or call him on the phone, this has been a few months now. She won't give my parents custody to claim him, I guess it's the idea of signing him over like adoption or something. But she isn't doing anything because she knows my parents aren't going to starve him or let him run around naked because she hasn't given them money for some of his care. My older sister said someone at her work said they could claim him and then she would have to pay the IRS back for them giving a tax refund to my parents. Is this true? How would we find out the facts if so? Since he's on his mom's Medicade, would this affect his Medicade benefits? I need some answers...please help! :confused:

Sincerely,
Sherry
Yes your parents could claim him...they might have to prove to the IRS (after the fact) that he lives with them, but they could claim him. However, yes, that also could mess up his medicaid.
 
B

bradybunchmom

Guest
no they cant

not unless they have legal custody. they would considered fraud.
 

LdiJ

Senior Member
bradybunchmom said:
not unless they have legal custody. they would considered fraud.
Hon...I am an accountant and a professional tax preparer. The grandparent DO NOT have to have legal custody to claim the child as a dependent. The merely have to be able to prove that the child lives with them and that they provide the child's support.
 

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