What to do if my mom is claiming my child on their taxes ?

So I am a 26 year old male and I am ready to move out on my own and leave my moms house . I have a 7 year old son and the time that we were living with my mom , she took it upon herself to claim him on her taxes . She did not ask me she just did it. Since she was letting me pay $400 rent monthly I allowed it .

Long story short I will be moving soon and it seems that my mom does not want to stop claiming my son . What do I have to do to ensure treat she is not claiming my son on her taxes anymore and that I am claiming my only child ?

Please and thank you .

7 Answers

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  • Judy
    Lv 7
    6 months ago

    She doesn't need your permission as long as she qualifies under IRS rules. She might qualify to claim him yet for this year. But not for years he doesn't live with her at least half the year. For later years when you're living on your own just claim him and let the IRS sort it out. Note that the return you file in 2020 is for this year 2019, so she can very likely claim hin yet then.

    • NA
      Lv 7
      6 months agoReport

      The parent qualifies too and clearly if he lives there too and pays "rent" he has income so he could have claimed his son. Parents win in tiebreakers.

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  • Shay
    Lv 7
    6 months ago

    Anytime two people are trying to claim the same child, the parent will usually win.

    Next year, if your mother files her taxes before you do and claims your child, then when you try to file electronically, your tax return will be rejected. You would then need to file by mail and claim your son anyway. The IRS will send out letters to investigate the claim for who has the right to claim the child. Be ready with proof that the child is your child and that the child lived with you.

    Basically, your tax return might be delayed next year if your mother files her claim before your claim or before your claim is processed. If you file early enough that she doesn't get her return filed before you get your refund, then yours will not be delayed. If she still tries to claim the child, her return would be rejected and she would either have to remove him from her return or file by mail if she thought she could claim him.

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  • 6 months ago

    You can't "allow" or not "allow" it, because it's not your decision. It's up to the government of the United States of America to decide who can and cannot claim whom.

    If the laws of the United States of America say that you are the person who can claim the child, and you can file your taxes before she files hers, then you file electronically and claim the child before her, and that will stop her. If the laws of the United States of America say that you are the person who can claim the child, and you cannot file before her, then you file on paper and claim the child after her, and when the IRS contacts you to say that someone else already claimed the child, you provide whatever documentation they want to see that you are the person who the laws of the United States of America say can claim the child.

    If the laws of the United States of America say that she is the person who can claim the child, then you just have to live with that. You don't get to change the law. Congress does that.

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    • NA
      Lv 7
      6 months agoReport

      (continued)
      If they are both eligible and can *agree,* then and only then can grandma claim the child.

      The only way grandma out right wins is if either the parent didn't live with them *or* the parent was also a dependent.

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  • NA
    Lv 7
    6 months ago

    Several of the posts have been wrong.

    The rules CHANGED in 2005 (14 years ago!) and the issue is whether or not the child supported themselves, NOT who actually paid it.

    For 2018 and earlier years--when you and the child both lived with your mother, either you or your mother could claim the child [unless you were a dependent too], but if you could not agree, then you (as parent) would win the tie-breaker and had the superior right to claim the child. This was true even if your mother (as grandparent) had paid everything and filed first. You can even amend 2016, 2017 and 2018 to change your return to claim the child and any other benefit you are eligible for. (Note, you probably can't claim HOH as that requires you to pay more than half the cost of keeping of the home *and* claim the child.) Your mother would be forced to amend her tax returns as well, removing the child, HOH, etc. I wouldn't recommend that.

    For 2019, since you have already lived there 6 months, you will have decide if you will let your mother claim him or not.

    Once you do move out and don't live with your mom for more than 6 months of the year, she'd no longer eligible. If she files electronically and claims him before you can file, then you file by mail and claim him. The IRS will straighten out the duplicate claims--you then show your lease showing that he lived with you and copies of school records showing your address.

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  • 6 months ago

    What does mom pay for and what do you pay for?

    Does $400 cover the type of housing that you and your child are living in (assuming 2 bedrooms) including utilities?

    What about childcare? medical care? clothing? food?

    I would surmise that mom is providing the support.

  • 6 months ago

    If your son lives with you, then you as the parent have the absolute right to claim the exemption. Unless you give it up by signing off on IRS Form 8332, the exemption is yours without question. HOWEVER, I recommend you file your 2019 return as early as possible that way if someone else claims him later their return will be rejected.

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    • NA
      Lv 7
      6 months agoReport

      A Hunch, you are WRONG. And your answer has been WRONG since 2005.

      Max's answer is correct, save his mention of form 8332 which only applies between parents, not parent and grandparent.

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  • 6 months ago

    You don't actually get to allow it or not. If you were paying rent for you and your son, then she was not providing the support and would have no legal claim. if she has no claim, she cannot claim him, even if you say it's ok.

    You file a tax return and claim the child. That's all you have to do.

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    • NA
      Lv 7
      6 months agoReport

      Pascal, the parent could have paid $0 and still claimed the child if they lived with them. The amount of money grandma paid is moot. While eligible to claim the child, if both she and the parent want to claim the child, the PARENT ALWAYS wins.

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