Can a aunt claim their niece if both the mother and child livwe with them

Question

Asked 3/22/2011

If a mother is disabled and lives with family and has a child can a family member claim the child if child and mother both live with the family member?

I've lived with my mom for the past 6 yrs after being in a car accident and having serious head injury. I'm on disability. I have a 6 yr old daughter (I got pregnant right after the accident because even though I was mentally unable to make choices for my self at the time, I got pregnant by someone who didn't care that it could kill me; he was told about my mental state and chose to ignore my family about my safety). Long story...

Any way since I live with my mom I've always allowed her to claim my daughter and used any money she got back on my daughters care. Her father does pay child support and has a standard visitation order.

In 2009 my mom had a quad bi pass and hasn't been able to go back to work. I have been using the child support and my disaility to take care of my daughter and the house. My sister and brother have also helped pay bills. Last year my sister moved in with us to help us out more. We live in a mobile home and she helped us finish paying it off. She lived with us for over 6 months.

I allowed her to claim my daughter because I heard about the qualifiying realitive exemption and I thought it would be ok. My daughters father is now saying he wants to claim her and that he has the right because I have no taxable income. Can he? Can my sister get in trouble for claiming my da

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Answer 1/4 - Submitted 3/22/2011

Unless ordered by the court to claim the exemption every other year, he has no right to do so since he can't prove residency. He is going to have to go to court and ask for an order modification and get you to sign off on his deduction every other year.

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Answer 2/4 - Submitted 3/22/2011

Yes it's possible for your sister to claim her as long as she lived with you for more than half the year and provided more than half of your daughter's support for the year.

The only way her father will be able to claim your daughter is if you issue him a a form 8332. http://www.irs.gov/pub/irs-pdf/f8332.pdf He doesn't have a right to claim a child that does not live with him. Your not having a wage paying job doesn't matter.

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Answer 3/4 - Submitted 3/23/2011

Your daughter's father has no right to claim her because your daughter does not live with him and you have not released the exemption to him on an approved IRS form and he has no legal right to claim your daughter at all. You ask wheher your sister can get in trouble for claiming your daughter.

The problem with your sister claiming your daughter is that it would be hard to prove your sister provided over half of your daughter's support. Paying off a mobile home is not providing support in my opinion. You probably bought your daughters clothes, paid her medical bills and bought food and other household necessities with your disability check and your daughter's child support. It's actually almost beyond believability that your sister paid more for your daughter's care and support than you did.

Yes your sister can get in trouble if she fraudulently claims she provided over half support for your daughter when if fact you, disability and child support provided for your daughter. Exemptions are not meant to be passed around so a family member can get a deduction, you have to do it the legal way. The way your question was worded tells us you already know your sister didn't provide over half your daughter's support. It appears NOBODY can claim your daughter this year because you can't with no taxable income.

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Answer 4/4 - Submitted 3/26/2011

I liked the first 2 answers. This was alittle more informative. I did call up H and E block and asked them, I was told that she should be able to claim my daughter if we lived together and I didn't sign the tax thing so my ex can claim her.
thanks for responding

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