Grove, OK asked in Tax Law for Oklahoma

Q: I pay at least 98% support for grandson n daughter. Can I claim my grandson on income tax?

My daughter 34 yo and grandson live with me in oklahoma. My grandson has been here since May 2016 n her sept 2016. She works but has made less than $5000 for the year. I pay at least 98% for both of their care and housing etc. She is behind on child support for another child. Their lawyer is saying it's fraudulent if she allows me to claim him because shes behind on child support.

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1 Lawyer Answer
Reece B. Morrel Jr
Reece B. Morrel Jr
  • Tax Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: According to the IRS, you can claim someone as a dependent if you provide for more than half of their support. But, this rule can be modified if there is a divorce decree or some other governing document.

Assuming that you meet the requirements, I should warn you that it gets more complicated the 2018 tax year. We no longer keep track of how many personal exemptions we get for each person (i.e. the taxpayer, spouse, and dependents). This got changed in December 2017.

But, it is possible to get a child tax credit.

Therefore, you may want to have a qualified tax professional prepare your tax return for 2018.

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