Casa Grande, AZ asked in Tax Law for Arizona

Q: If Cps removes children from the home 8/04for neglect and neglectful supervision can the abuser still claim them on taxs

ss already changed payee rep for survivors benefits and ssi benefits because CPS approved me to take care of my cousins but the uncle that had them still wants to keep their Child Tax Credits and file taxes for them for the year 2021. Both children have mental health issues and one tried commiting suicide 4 times the week that they were removed from the house. Our uncle was also having an inappropriate relationship with the caregiver. He was misusing their benefits and did not even buy them clothes or basic necessities because of the misuse of the benefits.

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Saint George, UT
  • Licensed in Arizona

A: If there is a court order granting the uncle the authority to claim the children on taxes, the best route is to petition the court to modify the order. If there is no court order granting that authority, he may have the right to claim them for 2021 in any event since the children were residing in his home for more than half the year.

I would suggest consulting with a tax professional to sort out how IRS regulations indicate this should be handled.

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