tax Q

[tide200]

Alabama

Step-son 21, mother 17. (not together any more) has an eight month daugheter (see past post) My question is, both parents agree that he claims her on his taxes.

His question is. Can her parents claim the baby on their taxes? Not the mother, but her parents. They will not give either one of them the s/s card or b/c. Is this legal?

He pays for everything.

shouldn't he be able to get these by himself?

Thanks for any advice.

 

[tide200]

weenor

Please help.

 

[weenor]

Is there a court order regarding the tax deduction?
where does the baby live?
If there is no order and the grandparents are providing over 50% of the baby's support with food, clothing and shelter than the probably can take the deduction because he is not paying everything.

Ljdi feel free step in here anytime

 

[tide200]

No court orders. {I wish}. Son has paid for everything, and I mean everything.

 

[tide200]

Sorry, dad keeps baby at least 4 if not 5 nights a week.

 

[weenor]

Sorry, dad keeps baby at least 4 if not 5 nights a week.

Well then he needs to have the time documented (whether nights or not he has to show that the baby has been with him the majority of the time) and as many receipts and cancelled checks as he put his hands on. Then take the deduction. When grandparents do somebody will get audited and whoever provides the most documentation wins.

btw I responded to your PM but I did not see a question.

 

[ceara19]

Is there a court order regarding the tax deduction?
where does the baby live?
If there is no order and the grandparents are providing over 50% of the baby's support with food, clothing and shelter than the probably can take the deduction because he is not paying everything.

Ljdi feel free step in here anytime

I believe the natural parents have the right to claim the child above any other party, including the grandparents, unless there is a CO stating otherwise. Has dad established legal paternity? That would make a difference in what his options are.

 

[LdiJ]

Its a bit complicated.

If the two parents combined provide more than 50% of the child's support then the custodial parent has the right to claim the child, or to allow the non custodial parent to claim the child.

However, if the child's grandparents provide more than 50% of the child's support they would have the right to claim the child.

It sounds to me like your son has the right to claim the child. In a "tie-breaker" decision the burden of proof would be on the grandparents to prove that they provide more than 50% of the child's support.

The only questions are what do you mean when you say that your son pays for "everything"?...and if push came to shove could your son prove that the child does not primarily live with the grandparents?....or didn't primarily live with the grandparents during 2005?

 

[tide200]

Thanks everyone. Sorry I was a little tired last night. When I say he keeps her 4 or 5 nights, its not always overnight. Mother picks her up when she get off of work around 10 or 11.

Either my step-son or hubby and I have bought all the clothes, diapers, baby food, and anything else she needs. If mother or her parents have bought anything it cant be much. Unfortunantly we did not keep receipts for everything. Paternity was established and she has his last name.

I just dont understand how mothers parents can claim her or keep the birth certificate and social security card from them.

Thanks for the replies, I'm pretty much guessing that theres not alot he can do about it without a court order.

Sorry Weenor, I was tired last night, I know you are in Alabama. Thats why I pm you, but forgot to ask a question. Again sorry about that.

 

[LdiJ]

Thanks everyone. Sorry I was a little tired last night. When I say he keeps her 4 or 5 nights, its not always overnight. Mother picks her up when she get off of work around 10 or 11.

Either my step-son or hubby and I have bought all the clothes, diapers, baby food, and anything else she needs. If mother or her parents have bought anything it cant be much. Unfortunantly we did not keep receipts for everything.

I just dont understand how mothers parents can claim her or keep the birth certificate and social security card from them.

Thanks for the replies, I'm pretty much guessing that theres not alot he can do about it without a court order.

Sorry Weenor, I was tired last night, I know you are in Alabama. Thats why I pm you, but forgot to ask a question. Again sorry about that.

You and your son are providing alot, but the grandparents are still proving the roof over the child's head. Support includes much more than clothes, diapers, baby food etc. Therefore if mom isn't working, and that is all that your son provides, then its possible that the grandparents could demonstrate that they provide more than 50% of the child's support. I am not saying that its guaranteed...just that its possible.

 

[tide200]

Thanks. Both parents work, not sure if she gives them anything or not.

Opinions please, I know you cant tell me what a judge will do. If this goes to court, what do you think his chances of 50/50 will be? They only live 10 min apart.

 

[casa]

Thanks. Both parents work, not sure if she gives them anything or not.

Opinions please, I know you cant tell me what a judge will do. If this goes to court, what do you think his chances of 50/50 will be? They only live 10 min apart.

Living close together, getting along (like agreeing on taxes), and Dad being active in the baby's life (having the baby so many evenings a week) ...is the best case scenario for joint physical custody - 50/50.

 

[weenor]

Alright...Alabama Code Section 30-3-152 states the Court shall consider joint custody in every case, but may award any form of custody that is in the best interest of the child...to determine if such custody is in the child's best interest the court will consider

1. the agreement of lack thereof on joint custody by the parents...
2. the ability of the parents to cooperate with each other
3. the ability of the parents to encourage contact between the other parent and the child.
4. any history of abuse (child or spouse) or potential for kidnapping
5. the geographic proximity of the partent to each other...

"the court may order a form of joint custody without the consent of both parents when it is in the best interest of the child." If both parents agree there is presumption that joint custody is in the best interest of the child...

Now Alabama like most state has a distinction between joint legal and joint physical...You must insist on joint physical because the legal burden of proof is different in the event a change of placement is sought down the road. Say there is joint physical and your son 5 years from now feels it is necessary for him to have primary physical placement...the court will then consider what is in the best interest of the child to decide. If your son has only joint legal and she has primary physical placement, in order to change placement to him down the road he would basically have to prove she's unfit...(i.e. does crack, sacrifices small animals in the living room and runs a porn business all in front of the child).
Understand that joint legal really has no significance in Alabama. The parent with primary physical placement (custody) makes all the decisions unless it is specifically stated in the final order that the NCP has some say so in certain issues.

One more thing...since the parents were never married paternity and custody will be determined in family court not domestic relations or circuit court. Family court is even less predictable and more whacky than circuit court. However, I do feel that son needs to get a lawyer and get this done. Always better to have orders in place because things change...probably when either of them gets a new boyfriend or girlfriend....or the grandparents get a wild hair..then the fighting starts and your son does not have legally established rights.

What county are you in?

 

[tide200]

Living close together, getting along (like agreeing on taxes), and Dad being active in the baby's life (having the baby so many evenings a week) ...is the best case scenario for joint physical custody - 50/50.

Thanks, thats what he is hoping for. Since they have broke up, I just hope they continue to get along and do whats right. I'ts not about them anymore, but about the baby.

 

[casa]

Thanks, thats what he is hoping for. Since they have broke up, I just hope they continue to get along and do whats right. I'ts not about them anymore, but about the baby.

At their young ages, they are off to a better start than some of the older posters coming to this site.

Meanwhile, the Dad can certainly look up some sample parenting plans for infants in your state- online...and get an idea of what could work for them (& also have a proposal for Mom)