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Old 08-08-2003, 02:20 AM
Arthur L. Rubin
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Default Re: Claiming our grandchild on our taxes

Phil Marti wrote:
- quote -

> "Arthur L. Rubin" <ronnirubin[at]sprintmail.com> writes:

> > I have a client who is paying child support, and we
> > seem to be in agreement that the children's grandparents,
> > with whom the children are living, cannot claim the
> > exemptions without a multiple support agreement.


> I don't understand the need for an MSA. If only the father
> and the grandparents are providing support, one or the other
> is probably paying more than 50%.


Social services are paying more than the amount of child
support. Grandparents are receiving welfare (which doesn't
count as support provided by THEM). And -- I admit I made
it easy, but why do you assume my client is the father?

Details. Father disappeared after birth of 7th child;
believed by client to be in another state. (She has a
current contact address for his parents.) This was about 10
years ago. Client had done nothing to try to collect child
support or initiate divorce or separation procedures. In
2001, client got a caretaker job. A few months later, child
support payments were starting to be diverted from her
paychecks. Client apparently didn't challenge the
diversion.

In March 2002, my wife's mother's trust (my wife as trustee)
hired client as caretaker for her (mother-in-law). Again,
about 6 weeks later, WE received the diversion notice. Only
in May 2003 did she start contacting legal aid to challenge
the diversion order on the grounds that (1) husband should
also be paying and (2) she doesn't have any assets other
than the income stream (and a few hundred cash).

Now, back up a little. In February 2003, I offered to
prepare her tax returns as an employee benefit. (So, it's
marginal, but probably allowable.) I discovered she hadn't
filed in 10 years, and would probably owe money for 2002.
(Later, I discovered she also should have filed for 1999 if
required to file MFS, but no tax would probably be due.)

I admit, if we'd know all this, we probably wouldn't have
hired her as caretaker, but....

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  #-1  
Old 08-07-2003, 05:42 AM
Phil Marti
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Posts: n/a
Default Re: Claiming our grandchild on our taxes

"Arthur L. Rubin" <ronnirubin[at]sprintmail.com> writes:

- quote -

> I have a client who is paying child support, and we
> seem to be in agreement that the children's grandparents,
> with whom the children are living, cannot claim the
> exemptions without a multiple support agreement.


I don't understand the need for an MSA. If only the father
and the grandparents are providing support, one or the other
is probably paying more than 50%.

Phil Marti
Topeka, KS

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

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