Legal Question in Tax Law in California

Child being claimed as dependent by grandparents

The mother of my 18 month has always lived with her parents. She is now 36 and does not work. There is no court order and she has our child with her about 95% of the time. Since she gets paid under the table she has not filed taxes in several years. I have been paying voluntary child support for the full 18 months.

Her parents have claimed my daughter on thier tax returns for the past two years. My question is, Can they do that? If so does support get based on thier income since they are getting the tax deduction from my child?


Asked on 3/19/08, 2:32 am

1 Answer from Attorneys
Jeb Burton The Burton Law Firm

Re: Child being claimed as dependent by grandparents

You get to claim the deduction if you pay more then 50% of the child's care (housing, food, medical, etc). If her parent's are doing so, then yes they get to deduct. With regards to the level of support, that is a family law question and you need to direct it to that forum.

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Answered on 3/19/08, 12:02 pm


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