Tax Law

[dburgos]

I file head of household for myself, my daughter and her daughter who is 4 years old. The childs father give child support. They have been separated two years. Last year I claimed my child and hers as I support both and both live with me. The father of the child gets a stipend from the United States Coast Guard for which he continues to receive falsely b/c my daughter and his child have not lived with him for the last two years. His attorney and my daughters came to the understanding that they will alternate years on claiming my grand daughter and when my daughter works she must make more than $11000 per year in order to claim her. First of all I contacted the IRS and found out that he has no rights under the tax law to claim my grand child because: 1. she does not live with him more than 1/2 the year and; 2. he does not pay for 1/2 of her support. Can I or should I obtain an attorney as I support her? Can it be modified? My daughter regrets agreeing to this because she felt pressured by her attorney. Her attorney just wants her to "get it over with". This is not the attitude this person should have. It is not in the best interest for her nor me. What should I do? Dburgos

 

[Duranie]

I am not sure what you were told, but you have no automatic rights to claim the child either. The father has rights over you to claim BUT he must have it established in the decree and it appears that he does. The child does not have to live with him 1/2 the time. A court order supercedes what the IRS says. Dad gets to claim alternating years if that is what the courts gave him, not you. What the IRS told you is incorrect but Dad pays child support, it is his right to claim the child. If you choose to allow your child and granddaughter to live with you that is your choice, that does not mean you get to claim the granddaughter for doing so. You really have no rights here to claim, this is between mom and dad. If mom allows you claim her on her years she is allowed to, then that is legal.