Q: I have custody of my granddaughter since August who has legal right to claim her on taxes.
This is not through courts. Her father and his wife is trying to claim her on their 2017 taxes she has not been in his care since Feb 2017 nor has she with him she was still using his address to go to school in his area she was taking train or bus to school every day.there was a case filed in Feb because he ran away from his home in Summerdale NJ Summerdale and Camden county police was called in to find her her mother address was Camden County they know details of the situation. But in Feb of 2015 there was a supposedly document signed by her mother who is my daughter saying Release/Revocation of Release of Claim of Exemption for Custodial Parent, also it says and all future years. The form is 8332 form Since she has been in my care I have had no help taken care of her financially.
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A: If the Court did not sign an order giving you legal custody, than you do not have legal custody. Unless and until you do, your questions are moot. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
A: Form 8332 is completed by the custodial parent as a declaration that she will not be claiming the child as a dependent. The form only applies between parents (not grandparents) and for the year(s) specified therein. If the form was "supposedly" completed in 2015 and the parents are now "trying to claim her on their 2017 taxes" then you can be sure it has nothing to do with you. The IRS has specific rules on who can claim a qualifying child. The rules have several requirements, including that the child lived with you for more than half the year. Since you mention your granddaughter's been living with you since August then you're probably not entitled to claim her as a dependent. On the other hand, if your granddaughter continues to live with you during the majority of 2018 and you don't receive any support from her parents you may be entitled to claim her on your 2018 tax return. Just know that if both you and your daughter claim the same dependent you risk an IRS audit, paying additional taxes, penalties and interest. To avoid this, you should file an application with the court for support and other relief.
A:
Asked and answered...see below:
Form 8332 is completed by the custodial parent as a declaration that she will not be claimimg the child as a dependent. The form only applies between parents (not grandparents) and for the year(s) specified therein. If the form was "supposedly" completed in 2015 and the parents are now "trying to claim her on their 2017 taxes" then you can be sure it has nothing to do with you. The IRS has specific (and complex) rules on who can claim a qualifying child. The rules have several requirements, including that the child lived with you for more than half the year. Since you mention your granddaughter's been living with you since August then you're probably not entitled to claim her as a dependent. On the other hand, if your granddaughter continues to live with you during the majority of 2018 and you don't receive any support from her parents you may be entitled to claim her on your 2018 tax return. Just know that if both you and your daughter claim the same dependent you risk an IRS audit, paying additional taxes, penalties and interest. To avoid this, you should file an application with the court for support and other relief.
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