QUESTION
Can I claim a 9 yo that I am legal guardian of over his biological mother?
Asked on Feb 26th, 2015 on Taxation - Georgia
More details to this question:
I am a court appointed legal guardian of a 9 year old and am fully responsible for the care and well being of the child. Both he and his mother, friend, lived with me all 12 months. Mother worked very little. I proved 100% support of the child to include medical, dental, and child care. The child still lives with me. The mother wants to claim the child on her tax return. Who can legally claim the child? Do I lose the chance to claim him simply because she is his biological mother and still has custody?
1 ANSWER
4 Awards
It sounds like you may well be able to claim the child legally as your dependent, but if his mother also claims him you may be audited by the IRS. In that case, you will need to be able to show both that you had guardianship legally and that you actually provided the child's support, and not his mother.
You should find a very knowledgeable tax-focused CPA in order to help you review the situation and file any return, if you decide to claim the child as your dependent. Best wishes to you.
Answered on Mar 02nd, 2015 at 5:07 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.