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In-Laws Taxing on Me

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CDSpeed

Junior Member
I currently live in FL and getting a divorce, my soon to be ex wife has moved to NY to live with her parents (big surprise) anyway her father wants to claim my son on his tax returns because he claims to be shelling out so much money. 1. Can he legally claim my son as a dependent on his taxes? And 2. What would be the repercussions if he claimed my son and I also claimed him? My current wife is not employed so she has no need to utilize the deduction.

Thanks.....
 


abezon

Senior Member
A noncustodial parent can claim their child only if the parents together provided over 1/2 the child's support. Since mom is living with her parents & not working, chances are the grandparents provided over 1/2 the kid's support, unless your child support was really high. In other words, grandpa can probably claim the kid.
 

LdiJ

Senior Member
abezon said:
A noncustodial parent can claim their child only if the parents together provided over 1/2 the child's support. Since mom is living with her parents & not working, chances are the grandparents provided over 1/2 the kid's support, unless your child support was really high. In other words, grandpa can probably claim the kid.
I agree if they were living with grandpa for most or all of 2005. However if the move was fairly recent, that might change things.
 

CDSpeed

Junior Member
Thanks alot guys this info really helps....my Lawyer down here was telling me not to worry because there was no way my soon to be ex-father inlaw could claim my Son.....I thought he was mistaken and now I have the real information,

Thanks Again!!!!!
 

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