Girlfriends Father trying to claim our child on taxes

[jondavis1115]

What is the name of your state? Ga
my girlfriends father is trying to claim our daughter on his taxes saying she is a dependent of him by my girlfriend still being a dependent of him. My daughter has my last name and he really has done nothing in any way to support us financially so i dont think he should have the right to claim her and get a tax deductible. Can he legally and can i stop him from doing so and what will happen if i claim her as well as my girlfriends father claiming her.

 

[abezon]

With whom did your daughter live & for how long, and were you or the mother a full-time student for 5 months or more in 2005? How old are you & the mother? We need to know these things to answer your questions.

The dependency rules changed this year -- support is largely irrelevant now! I suggest you & the mother & the grandfather all go see the same preparer at the same time & decide how to maximize the total refund coming into the house. Then you 3 can negotiate how to split up that refund. If negotiations break down, you will probably win if both you & grandpa claim the child, but that may cost the household some $$.

 

[jondavis1115]

well okay she lives with her mother but her father and mother are not divorced they still fill together on the taxes, i also live with her mother so me and my girlfriend are living together. Her father is a cheap man so he would not give me any money and if he did claim my daughter i would want her mother to get all the money but he wouldnt do that he would take it all. so what i am basically asking is that if it came down to the nitty gritty i would have more rights to claim my daughter than him right and if he was a jerk and decided to claim her any ways would our taxes get audited? oh yea my daughter was born on nov. 15th 2005 and never lived under the grandfathers roof just under where we live which is her mother's house.

 

[Snipes5]

How old are you and how old is the baby's mother?

 

[abezon]

OK, new tax terms this year: qualifying child & qualifying relative.

A QC is a child/grandchild under 19 or full-time student under 24 who lived with the taxpayer over 6 months during the year. (There are other relationships that qualify, but they're irrelevant for this discussion.) Someone who is a QC cannot have their own QC, which is why I asked you about mom's age & education status. Which you didn't answer, BTW. The following answer is subject to modification pending that info.

It sounds like your daughter is a QC for you, her mother, & her grandmother. Any of you 3 could claim the child. Since he files jointly with grandma, he could claim the child on a joint return with grandma.

If multiple taxpayers claim a QC, the IRS used these tie-breaker rules:
1. Between parent & non-parent, parent wins.
2. Between parents, the parent with whom the child lived longer wins.
3. If the child lived with both parents equally, the parent with the higher AGI wins.
4. Between non-parents, the non-parent with the highest AGI wins.

So, if you & grandma/grandpa both claim the child, you win. The IRS will send out letters asking for verification. Be sure you have a copy of the child's birth certificate listing you as father, and proof of where the child lived (medical or school records) and that you lived there too (utility bills, lease, etc.).

 

[Veronica1228]

well okay she lives with her mother but her father and mother are not divorced they still fill together on the taxes, i also live with her mother so me and my girlfriend are living together. Her father is a cheap man so he would not give me any money and if he did claim my daughter i would want her mother to get all the money but he wouldnt do that he would take it all. so what i am basically asking is that if it came down to the nitty gritty i would have more rights to claim my daughter than him right and if he was a jerk and decided to claim her any ways would our taxes get audited? oh yea my daughter was born on nov. 15th 2005 and never lived under the grandfathers roof just under where we live which is her mother's house.

I know you are still in high school. Do you even pay income taxes yet?

 

[jondavis1115]

okay my girlfriend not in school and doenst work as of now but will later. i am NOT in high school i am graduated i work and do pay taxes. I am 18 she is 20 just to through that in incase it may help

 

[rmet4nzkx]

okay my girlfriend not in school and doenst work as of now but will later. i am NOT in high school i am graduated i work and do pay taxes. I am 18 she is 20 just to through that in incase it may help

No, you just got expelled from the private Christian school you attended because you broke the rules getting your girlfriend pregnant. They were nice and allowed you to take finals and to graduate, but you don't have enough income to justify taking the deduction and baby's grandfather has been supporting everyone including his daughter whom you got pregnant. Grandpa deserves to take the deduction. Now after you go to work and actually support your child it may be different, or if you get married, then it will affect 2006 return.

 

[jondavis1115]

who the hell are you to tell that i didnt graduate? do you want me to send you a copy of my diploma? when did the class of '05 graduate? are you that stupid and any way i worked partime till march/april and then worked full time after that? how is that not enough income making 10 an hour full time i believe that is enough income to support a child, so you think you know but you dont. i think i know if graduated or not. i pay taxes like any other damn person in the usa and i should be able to claim my own child

 

[rmet4nzkx]

Well you have told conflicting storys on this board. It is possible to graduate in January. In this thread, your girlfriend is pregnant and you are expelled from school.
https://forum.freeadvice.com/showthread.php?t=294427

 

[jondavis1115]

in the other thread did i specify when i was kicked out of school? I dont think i did so for all you know i could had been talking about 5 years ago. i was kicked out in march of this year. and anyways non of this has anything to do with what i asked in the thread. you people at this web site are too judgemental

 

[jondavis1115]

No, you just got expelled from the private Christian school you attended because you broke the rules getting your girlfriend pregnant. They were nice and allowed you to take finals and to graduate, but you don't have enough income to justify taking the deduction and baby's grandfather has been supporting everyone including his daughter whom you got pregnant. Grandpa deserves to take the deduction. Now after you go to work and actually support your child it may be different, or if you get married, then it will affect 2006 return.

see there you go again "grandfather has been supporting everyone including his daughter who got pregnant" i'm sorry but no he didnt she doesnt live with him and the most he has given during the pregnancy and after the baby was born was a grand total of $220. so no he doesnt deserve anything so mr/mrs. rmet4nzkx i prove you wrong once again so please keep your month shut because you know NOTHING of what is going on

 

[Snipes5]

Look, you are obviously some sort of genius who doesn't need our help, so why don't you just do your taxes yourself?

Snipes

 

[LdiJ]

Look, you are obviously some sort of genius who doesn't need our help, so why don't you just do your taxes yourself?

Snipes

He had a legit question. It was answered accurately, and then someone who was not a tax expert decided to chime in on a morality basis and to get a bit offensive in the process. We don't need that type of stuff cluttering up this particular forum.

 

[jondavis1115]

He had a legit question. It was answered accurately, and then someone who was not a tax expert decided to chime in on a morality basis and to get a bit offensive in the process. We don't need that type of stuff cluttering up this particular forum.

thank you ldij, i did ask about tax not morality, and anyway who is anyone to judge about morality? people in these forums should stick with law not morality.