Who will claim grandaughter?

[nanasboyallen]

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

My single 20 year old daughter had a baby in June of this year and has lived with us the whole time with her baby. She does not work but is a stay at home mother. My daughter will not be filing a tax return because she has no income. Her boyfriend pays $89 a week child support. He is saying that since my daughter doesn't work, he will be the one to claim my grandaughter on his taxes. I feel that since I provide a home for them, power, water, transportation to doctors, etc. that I should be the one to claim her. She lives with my daughter and I all the time. Who can legally claim her? Your help is appreciated so much.

 

[LdiJ]

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

My single 20 year old daughter had a baby in June of this year and has lived with us the whole time with her baby. She does not work but is a stay at home mother. My daughter will not be filing a tax return because she has no income. Her boyfriend pays $89 a week child support. He is saying that since my daughter doesn't work, he will be the one to claim my grandaughter on his taxes. I feel that since I provide a home for them, power, water, transportation to doctors, etc. that I should be the one to claim her. She lives with my daughter and I all the time. Who can legally claim her? Your help is appreciated so much.

Most likely you are the only one who can legally claim her. In order for one of the parents to claim her, the two parents combined must provide more than 50% of the child's support.

Its unlikely that dad's 89.00 a week is more than 50% of the child's support.

What you need to do is figure out your granddaughter's share of the housing costs, food and sundry costs, and anything else that you pay for, and compare it to the 89.00 per week that dad provides. If you provide more than dad, then you are the only one who can legally claim the child.