If your son lives with the grandmother and mother than yes..she can claim your son..you cant because your son doesnt live with you..any other relative that lives in your sons house and helps support him can claim him..I would suggest you maybe getting another job..It isnt your son's fault or his mothers or grandmothers you had another baby..if you couldn't afford child support for your first son then why did you go and have another one?

Wow, Linda9565. That's a load of crap. They are scamming the system. Why can't a father claim his son if he is supporting him? You're one of the reason this country is going down the hole... everyone should get a handout for sitting on their asses and spitting out more kids.
The father is working AND taking care of both of his kids. Why shouldn't he get a tax break like every other working parent?

I agree- they are "double dipping" the system. I know of someone in NH who is collecting welfare for herself and her child, and her mother who lives in a different town (same state) is claiming the 25 year old daughter and 3 year old grandchild on her taxes- this results in a $7,000.00 refund for the mother/grandmother of the child that the tax payers are supporting. Yup we are paying for that 3 year olds day care for 3 years-food shelter etc....oh yes and doctor bills-not to mention her fuel assistance-because the grand mothers income is not counted until tax time-and the state has no idea this has been going on- I think it is unfair to the rest of us!

I agree- they are "double dipping" the system. I know of someone in NH who is collecting welfare for herself and her child, and her mother who lives in a different town (same state) is claiming the 25 year old daughter and 3 year old grandchild on her taxes- this results in a $7,000.00 refund for the mother/grandmother of the child that the tax payers are supporting. Yup we are paying for that 3 year olds day care for 3 years-food shelter etc....oh yes and doctor bills-not to mention her fuel assistance-because the grand mothers income is not counted until tax time-and the state has no idea this has been going on- I think it is unfair to the rest of us!

You can claim your son if you pay more than 50% of his support. If your ex pays rent like she says she does and reports it to the welfare system; technically that makes her a tenant in that house even though they are related. Therefore her mother is not supporting your son more than 50%. I would talk to an account about that. The tenant/landlord relationship is your loop hole.

You can claim your son if you pay more than 50% of his support. If your ex pays rent like she says she does and reports it to the welfare system; technically that makes her a tenant in that house even though they are related. Therefore her mother is not supporting your son more than 50%. I would talk to an account about that. The tenant/landlord relationship is your loop hole.

In order for you to claim your son, you would have to show that you provide more than 50% of your child's support and the mother of your child would have to grant you permission to claim the child by signing IRS Form 8332 for you to submit with your taxes; otherwise, a court order could assign how taxes are filed.

He does not live with you. Because you have no legal agreement between you that states how taxes should be filed, the IRS will consider the parent who has custody of the child the one who may claim the child as a dependent.

If the custodial parent has no income and is dependent on, in this case her mother, for her support, then her mother (the grandmother) might be able to claim her and your child only if she provides more than half of the support. The money the mother of your child receives from welfare would have to be considered as income and there are limits as to how much income someone can make for them to be claimed as someone else's dependent.

What it really comes down to with the IRS is who is paying the bills. If the grandmother is paying the bills and her daughter and grandchild live with her, she would be able to claim them. If the state is paying the bills, then she won't. Paying child support alone is not a guarantee of claiming a child as a dependent. You could consult an attorney and try to have the courts allow you to share the tax benefits.

I receive welfare but live with my mom can she claim my child/

I receive welfare but live with my mom can she claim my child/

Unfortunately the custodial parent is the one who is allowed to claim the child on their tax return unless the custodial parent gives the noncustodial parent permission (via an IRS form) to claim the child on their (the noncustodial parent's) return. The grandmother if she is supporting her daughter and your son (pays greater than 50% of their expenses during any given tax year-see IRS publication 501 for a worksheet to calculate support) can claim both your son and her daughter as dependents. She would also be entitled to the child tax credit for your son and any earned income credit she could get if her income isn't too high as head of household.

I live in Vermont and have the same exact issue. I am seeking my information from the IRS itself. It really is the only source where you can be sure of the answer. Here is the number to someone there that can help you. 1.800.829.1040. In the first menu dial 2, in the second dial 2, and in the third dial 4. From what I can see from their web site, if the mother is not filing a return, you have the right, not her mom. UNLESS her mom can prove that she provided more than 50% of your child's support. I have paid my support religiously for 9 years and just found out tonight that her mother has been claiming him for the past several years. It is sad that our son means nothing more than a pay check to this bottom feeding drug addict.

To apey252 - Paying child support is not supporting a child, child support is a load of crap that does not provide for everything a child needs not even half of what they need, If the child is living in the grandmothers home and the mom is on welfare I am sure that the grandmother is also contributing to the financial and emotional wellbeing of the child. Children are expensive and anyone that believes child support = supporting your child must be another man or someone who does not receive child support. If a person can't afford their 1st child they should not have anymore, or get a second job, and stop trying to get everyone else to understand when he/she obviously does not know all it takes or the real meaning of "supporting a child", so sad.

No she can not because you are taking care the child not her