tax question

[christopherfin]

What is the name of your state (only U.S. law)? I live in Penna. and have a question about my taxes this year. Last year my daughter in law and son said I can claim my granddaughters on my tax return which I did. I didn't even know I could. She was mad because I gave them less than half the total return. the total was 7,000 plus and I gave them 3,000. It was because of my return that it amounted to that much in the first place. Had she filed herself and claimed the kids she would have gotten a lot less. Did I mention that the four of them live with me and have since before the girls were born and only paid a tiny portion of the rent and none of the bills? Starting in November of 2007 and to this date they paid me nothing towards the rent or bills, I paid for everything exept their food which she paid for with food stamps. That's about 15 months and not including going back more than ten years. I have to go out to eat by the way. She very seldom if ever saves any food for me. This year she said she was going to claim the kids or get someone else to claim them so she would get more money. I believe her mother is going to try to claim them and they spend only about 2 weeks a year at their grandmothers during the holidays. I am the one they live with and I'm the one that has paid for way more than half their living expenses. Neither my daughter in law nor my son have jobs. Do I have the legal right to go ahead and claim my daughter in law, my son and my granddaughters on my taxes this year. If I do go ahead legally I can only assume there is going to be trouble with my daughter in laws return or her mothers return or whom ever tries to claim the kids. I believe I have the legal right. What say all? Please say I can do this. I don't care if they move out except I love my granddaughter with all my heart and I don't want my daughter in law to prevent me from seeing them because of this.

ChrisWhat is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? I live in Penna. and have a question about my taxes this year. Last year my daughter in law and son said I can claim my granddaughters on my tax return which I did. I didn't even know I could. She was mad because I gave them less than half the total return. the total was 7,000 plus and I gave them 3,000. It was because of my return that it amounted to that much in the first place. Had she filed herself and claimed the kids she would have gotten a lot less. Did I mention that the four of them live with me and have since before the girls were born and only paid a tiny portion of the rent and none of the bills? Starting in November of 2007 and to this date they paid me nothing towards the rent or bills, I paid for everything exept their food which she paid for with food stamps. That's about 15 months and not including going back more than ten years. I have to go out to eat by the way. She very seldom if ever saves any food for me. This year she said she was going to claim the kids or get someone else to claim them so she would get more money. I believe her mother is going to try to claim them and they spend only about 2 weeks a year at their grandmothers during the holidays. I am the one they live with and I'm the one that has paid for way more than half their living expenses. Neither my daughter in law nor my son have jobs. Do I have the legal right to go ahead and claim my daughter in law, my son and my granddaughters on my taxes this year. If I do go ahead legally I can only assume there is going to be trouble with my daughter in laws return or her mothers return or whom ever tries to claim the kids. I believe I have the legal right. What say all? Please say I can do this. I don't care if they move out except I love my granddaughter with all my heart and I don't want my daughter in law to prevent me from seeing them because of this.

ChrisWhat is the name of your state (only U.S. law)?

If your daughter in law and your son in law both earned less than 3500.00 in 2008 you can claim them as exemptions and claim their children as well. In all reality, you are the only one who would have the legal right to claim any of them in that instance. Anyone else who would be claiming them, would be doing so illegally.

However, there are a couple of problems as well. If there is a duplicate claim (and the IRS allows duplicate claims, the second person has to file a paper return, because only one person can file electronically ) then eventually the IRS will investigate. Obviously the other party won't be able to prove that they can legally claim them, but you may have some difficulty proving it as well without the cooperation of your son and daughter in law.

You would need the children's birth certificates, medical records and/or school records etc. to prove that they are your grandchildren and reside with you. Those may be difficult to get without the cooperation of the children's parents. You would also need proof (if you claim your son and daughter in law as well) that they reside with you, which again could be difficult without their cooperation. Its also possible that they would move out and not let you see the kids anymore, and legally they CAN do that.

So, its a bit of a "catch-22". You could run the numbers both ways to show them what you would get without them and what you would get with them, and then negotiate....but legally (under the circumstances I outlined) you honestly could claim all of them without giving them one red cent of your refund.

You could also make them understand what they could get for their own kids, if they would just get off their butts and at least get part time jobs.