Is it Illegal for the grandparents of a minor child to claim?
said child on their income tax as a dependent when their is no agreement between the father and mother as to who has the right to claim the child? Also the father pays child support and is not in arrears on support. Thanks
Ti2009-04-23T14:49:35Z
Favorite Answer
It is legal if the grandparents supplied more than 50% toward supporting the child.
Just because a father is paying child support does not automatically give him the right to claim the child on his income taxes.
IRS rules override any agreement between the parents.
Do you live with your grandparents? It depends whether or not your parents file taxes. But more than likely some agreement had to been reached, because if your mother files separate and they your dad someone has to be able to claim you (not everyone can) if not the other could be in serious trouble with the IRS.