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Can grandparents claim my child on taxes if I'm paying child support?

My daughter Emma (3) is currently living with her mom (Jess, 24) at Jess's parents' house. Throughout all of 2024, I've been consistently paying child support while Jess has been in school full-time, not working or earning any income, and not paying rent to her parents. I've remained involved in Emma's life despite the distance (we do video calls and I get visitation about once every three months) because Jess won't allow Emma to live with me. We're still under temporary court orders, and my parental rights are fully intact. The court recently established a transition plan leading to the final custody arrangement that will gradually increase my parenting time by the end of the year, with the possibility of Emma eventually living with me. Since Jess hasn't earned any income for the past three years (2022-2024), her parents have been claiming Emma as a dependent on their taxes for 2022 and 2023. I've specifically objected to this because I'm still legally Emma's parent and I believe I've been providing the majority of her financial support. (For her grandparents to be providing more than I do through child support, they'd need to be spending over $25/day directly on Emma.) I wouldn't have an issue if Jess claimed Emma on her taxes if she actually had a job or any income, but she's consistently refused to work since Emma was born. My questions are: 1) Do Emma's grandparents have more right to claim Emma as a dependent than I do? 2) Does Jess have more right to claim Emma as a dependent than I do, even though she has zero income?

Yara Elias

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You need to check your custody agreement/court order first! In my case, even though my kid lived with my ex more than half the time, our divorce decree specifically stated who gets to claim our child each year (we alternate). The IRS actually follows these court orders when there's a dispute. If your temporary orders don't specify who claims the child, then yes, the residency test would probably give Jess the first right to claim Emma. BUT if you have it written into your court order that you get to claim your daughter, that would override the residency test. Also, something to consider - if Jess has zero income, she wouldn't get much benefit from claiming Emma anyway. Most child tax credits require you to have earned income to fully benefit. Your child support isn't considered income for her - it's tax-neutral.

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Our temporary orders don't actually specify who can claim Emma for taxes. The final custody agreement is still being worked out. That's really helpful info about the benefits Jess would get - or not get - with zero income. I hadn't thought about that angle. Would the grandparents benefit more from claiming Emma than either of us since they actually have income?

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Yara Elias

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Yes, with zero earned income, Jess wouldn't benefit much from many of the tax credits related to having a dependent child. Some credits like the Child Tax Credit are partially refundable, but without income, she wouldn't get the full benefit. The grandparents would likely benefit more than Jess would since they presumably have income. They could potentially claim dependency exemptions and other benefits. However, that doesn't mean they have the legal right to claim Emma - they would only have that right if neither parent claims her. Since you're actively involved and supporting Emma, you should definitely try to address this in your final custody agreement. Many agreements include specific language about alternating years for tax purposes, regardless of where the child primarily lives.

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Make sure you document EVERYTHING. I went through this with my ex's parents trying to claim my kid. Keep receipts for all child support payments, extra expenses, gifts, etc. Also document all visits, calls, and other involvement. If someone incorrectly claims your child and you believe you have the right to claim them, you can still file your return claiming the child (you'll have to paper file if someone else already claimed them electronically). The IRS will then send notices to both parties and investigate. They may ask for proof like: - School/medical records showing the child's address - Court custody agreements - Documentation of financial support - Documentation of your relationship/involvement with the child Sometimes just letting the grandparents know you're going to claim your child and have documentation can prevent the issue entirely!

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This is spot on advice. And don't wait until tax time to bring this up! Send an email or text now stating your intention to claim your daughter this year. That way they can't claim they didn't know.

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One thing to consider that hasn't been mentioned yet - you might actually need a team rather than a single person. My financial situation sounds similar to yours, and I ended up with: 1) A CPA who handles my tax planning and preparation 2) An estate attorney who handles trust updates and estate planning documents 3) A bookkeeper who helps track expenses for my rental properties The CPA coordinates everything, but trying to find one person who's excellent at all these things was impossible in my experience. Most CPAs aren't attorneys, so the estate planning piece often requires a separate specialist.

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This is interesting! How much does this arrangement cost you annually, if you don't mind sharing? I'm trying to budget for these services but have no idea what's reasonable.

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I pay my CPA about $3,500 annually for tax planning and preparation, including quarterly check-ins. The estate attorney was more of a one-time expense (about $5,000 to set everything up), with smaller fees for updates ($500-1,000 when needed). The bookkeeper costs me around $300/month to handle all the rental property accounting and documentation. So all in, it's roughly $12-15K per year, which seems like a lot but has actually saved me more than that in tax efficiency and better property management. Plus the peace of mind is worth a lot - I was making costly mistakes trying to handle everything myself.

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Whatever you do, DONT just go with the first person you find. I made that mistake and ended up with an accountant who was great at basic tax prep but completely out of his depth with my rental properties and trust questions. Make sure you interview at least 3 different people and ask very specific questions about your situation. Ask them to explain their approach to specific scenarios you're facing. If they can't give clear, confident answers about things like trust distributions, depreciation strategies for rentals, or 529 optimization, move on.

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Dylan Cooper

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What specific questions would you recommend asking? I always feel so unprepared when interviewing financial professionals and end up just nodding along to whatever they say lol

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I'd ask scenario-based questions rather than general ones. For example: "If I wanted to transfer rental property to my children's trusts, how would you approach that to minimize tax implications?" or "How would you handle depreciation recapture if I wanted to sell one of my properties and use a 1031 exchange?" Watch how they explain complex concepts - a good accountant will make things clear without talking down to you. Also ask about their communication throughout the year - will they proactively contact you about tax law changes that affect your situation or just see you at tax time?

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Maybe I'm missing something obvious, but couldn't you just call the community college's financial office and request the 1098-T form? Schools are required to provide them for qualified education expenses. Might be easier than all these workarounds.

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I actually tried that first! The financial aid office told me they only issue 1098-Ts for degree-seeking students, not for certificate programs like the pharmacy tech one. When I pressed them on it, they said something about certificate programs not meeting the federal requirements for the form, but that I could still claim the expenses on my taxes without it. That's exactly why I'm so confused - they won't give me the form but say I can still claim the expenses somehow. Was hoping someone here had been through something similar.

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Ah, that makes sense. I wasn't aware that certificate programs were treated differently. After some research, it seems schools actually aren't required to provide 1098-Ts for non-degree programs, even though the expenses might still qualify for education credits. In your case, I'd go with the advice others have given about manually entering the expenses. Keep all your receipts and course enrollment documents handy in case of questions later. The Lifetime Learning Credit should work perfectly for your situation.

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Rajiv Kumar

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Quick tip from someone who went through this last year - make sure you're clear on whether your pharmacy tech program qualifies as an "eligible educational institution" for tax purposes. Not all certificate programs do, even at community colleges. Check if your school has a Federal School Code (you can look it up on the FAFSA website). If they do, you're good to claim the expenses. If not, you might be out of luck. Just wanted to mention this since no one else brought it up!

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This is really important! I claimed expenses for a certificate program that turned out not to be from an eligible institution, and I got a notice from the IRS later. Had to repay the credit plus a small penalty. Definitely check the Federal School Code first!

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Tasia Synder

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Something important that hasn't been mentioned yet - make sure your contracts and invoices clearly state what you're selling. I learned this the hard way! If you describe your service as "digital advertising design" in one place and "digital goods" somewhere else, tax authorities might classify them differently. Some states tax digital goods but not advertising services (or vice versa). I recommend having a lawyer review your service descriptions to make sure they're consistent throughout all your documents. This helped me successfully argue that what I was selling was actually a non-taxable service in my state rather than a taxable digital product.

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Caleb Bell

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That's really helpful! Is there specific wording you found works best for digital advertising design services? I'm trying to be as clear as possible on my contracts and invoices.

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Tasia Synder

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I found that "Professional advertising design services" works well as a consistent description. It emphasizes the service aspect rather than the deliverable. My lawyer suggested avoiding terms like "digital products," "digital goods," or anything that implies you're selling a product rather than a service. On invoices, I break down the work as "Professional advertising design and consulting services for social media campaigns" rather than just "Social media ads" or "Digital content." The more you emphasize the custom service nature of your work, the stronger your position that you're providing a professional service rather than selling digital goods.

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Just to add from my experience - regardless of whether you need to collect sales tax, you should definitely register for a sales tax permit in your home state. I didn't do this initially because I thought "well, my services aren't taxable here so why bother?" Big mistake! When I tried to get some vendors to stop charging ME sales tax on my business purchases (by providing a resale certificate), I couldn't because I didn't have a sales tax permit. Some states also require you to have one even if you end up filing "zero" returns. It's usually free or very low cost to register, and it covers you from a compliance standpoint.

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Do you have to file sales tax returns even if you collect $0 in sales tax? That seems like a waste of time.

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Everyone's focusing on the filing question, but I want to point out something important for your 1099 income - you probably need to pay quarterly estimated taxes if you're earning decent money from freelancing. The IRS expects you to pay taxes throughout the year, not just at filing time. I learned this the hard way and got hit with penalties my first year freelancing.

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QuantumQuest

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Oh wow I had no idea about quarterly taxes. How do you know if you need to pay them? And what happens if you haven't been paying them all year?

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Generally, you need to pay quarterly taxes if you expect to owe $1,000 or more when you file your return. It's basically a pay-as-you-go system for income that doesn't have taxes automatically withheld like your W2 jobs do. If you haven't been paying them, you might face an underpayment penalty when you file. The good news is that if this is your first year with 1099 income, you might qualify for a waiver of the penalty. Moving forward, you'll want to make estimated payments every quarter (April 15, June 15, September 15, and January 15) based on what you expect to earn.

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Just a heads up that your 1099 income is also subject to self-employment tax (Medicare and Social Security) on top of regular income tax. It's about 15.3% in addition to your normal tax rate. I got destroyed by this my first year freelancing cuz I had no idea 😭

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You can offset some of this though! You can deduct business expenses against your 1099 income, which lowers your taxable income. Things like software subscriptions, equipment, home office, internet, phone, professional development, etc. can all potentially be deductible if you use them for your freelance work.

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