Legal Question in Family Law in California

Re: Claiming child as a dependent

In order to claim a child as a dependent, you have to provide over 50% of the child's living expenses. What are your child's expenses, including rent (i.e., having a place to live)? If they're more than $600 a month, then your mom can claim him. If they're less than $600 a month, then Dad provides more than half of his expenses, since he provides support of $300. In addition, the legal presumption is that the person with whom the child lives is the one who claims him as an exemption, so you're the person the IRS presumes has the right to claim him (unless you signed a waiver to the right to claim him, an official IRS form that you'd probably remember signing). Respond to the IRS promptly, and consider having your accountant do the response for you. Dealing with the IRS is always serious business.

Good luck.

Diana Mercer

Re: Claiming child as a dependent

You will need to get a letter from your accountant regarding why your mother is entitled to the claim. You also need to go to court to get a court order granting you/your mother the claim rather than Father. You will need to show the court sufficient facts to show that you/your mother are entitled to the claim rather than Father.

You should talk to an attorney regarding this issue before you do anything. If you are in Santa Clara County you can contact my office at 408-287-8484 to set up a free one-half hour consultation.