Whoever the children reside with and pays for their daily living expenses is the one who claims them on taxes in Canada, I claim my GD as a dependent and I am able to right off her daycare costs for the year, which allows mean to receive her Child tax credit and Universal tax credit monthly. The bio could be paying support but that doesn't mean squat except that he might have a tax right off for what he paid if allowed to do so in your state.

Same here -- whoever they reside with, and whoever provides the bulk of their care gets to write them off. I believe they need to live with you for six months of that year in order to qualify as a child credit, etc.

Funny story: The year they came to live with us, they had spend about two weeks in Texas with their other grandmother. She wrote them off on her taxes. Well, so did we!!! I asked my accountant what would happen, and he said the first to get the taxes in would get the writeoff. The second person might end up being audited.

We never heard a word, and I'd love to know if the other grandmother got away with it or not. Hee-hee-hee! Hey -- for all I know she's STILL writing them off! But I feel sorry for her if she's ever caught. Not.

We have been through this and early this year I took a tax course. You file for eIC because they lived with you over six months. Answer question of anyone else who may be filing according to your knowledge of what he is doing. I don't think he will be able to file for EIC. Go to IRS.gov and look up EIC and it is spelled out. I know that if parents are divorced, there are other considerations which may apply with grans. Bottom line is you cannot be responsible for what he files. you file based on your right as children living with you most of year. If IRS wants to go after him for wrong filing, it s/not have effect on you.

Daisy, you're correct -- I forgot to mention that. If you file legitimately, and someone else files who shouldn't, it won't affect you other than the IRS may ask you for documentation. But even if they allow a partial deduction it shouldn't reduce your deduction - as long as you've had the kids most of the year.

Here they have to provide over 50 per cent of the childs care. If you claim them the bio is the one who get the problems not you. Child support is not 50 percent of their cost of living.

I had this issue with the bio's last year!! Believe me when it comes to money they think that just because it's "Their kids" they have the RIGHT to claim them!! I supported them for more then six months out of the year so I claimed both of the Gkids. My DD and her BF were SO MAD!!! My DD didn't even gross enough to get the EIC - how would she support herself and 2 kids on $8k all year long? Anyway I did claim both GKid's but so did the bio father! We both got the refund (I claimed first) and I'm just waiting to see how long it takes the IRS to figure it out and them go back after the bio father to get the money back. I have sole custody and have all the paperwork to back it up - he was even behind in CS!!
My DD already asked about who was going to claim them this year and I told her that she could being the Gkids just moved back in with me this past July (nice huh). I really don't think she has grossed enough to claim them this year either but it's not worth fighting with her.
DD is upset that I'm trying to get CS from bio dad again...

They just don't get it, do they? AAAARRRGGGHHH!!!!

I am currently still in a big deal with IRS over my 2007 return. My daughter allowed her then BF to file on my little one and when I filed it kicked mine back. I tracked him down and got a ammendment filed by him, and sent doctors reports and medicaid letters and school records etc and still IRS tells me they have not gotten any of my paperwork. I just this minute got off the phone with a rep from there telling me I have 19 days to send info in. DOCUMENT EVERYTHING, even if it seems small to you. KEEP GOOD RECORDS. Like an idiot I didnot think about keeping copies, I just sent in all the papers and now they tell me they never recieved them so I have to go get them all over again. UURRGGHH!!

My 2 teenage grandchildren moved in with me 01/01/09 but I had supported them for years in their mother's home. She hadn't worked in several years so I told her I was going to claim them.. She informed me she had let a "friend" claim them. I guess this friend was going to give her money from the return. She was living off TANF and food stamps which kept them fed but not much else so had I bought the girls clothes, school supplies, and any fun things they got to do. Yet she let a friend claim them. She also got food stamps and TANF on the for 4 months. i DON'T KNOW WHAT GOES ON IN THE BIO'S HEADS.

Ifarr1,
send them again by certified mail. They sign for it, they got it and you get the proof.

Liz

Live with you over 50% of the time is the key. HOWEVER, there are other issues. That is to claim them as a dependent. Then there is Head of Household. That is determined differently. For example, my ex could claim my children as a dependent because he financially provided for them, but I got to claim head of household. I can also claim child care and some credits if I am working. Just because you CAN claim them doesn't necessarily mean you WILL. You are far better off checking with someone (tax person), especially if someone is arguing with you and shares in their support.

It's pretty sticky. I go to a tax person. He only charges 100 dollars no matter how many forms I file and he is a big help. It is well worth it in order to not get into trouble with the IRS.

I even claimed my gs while my son was still living with us because he was not working and we paid for everything. Call you tax preparer and they will tell you what all you can deduct. we are now paying for preschool and everything and there are other deductions just as they were yours.

That's true, BarbJo. We were also able to claim our three grandchildren when their mother was living with us, because we were the sole providers for them. Couldn't claim the "mother," though. She had all sorts of income from welfare, food stamps, car allowances, etc. from her rehab.

What a world, huh?