Legal Question in Family Law in New York
income clam of a child
The mother of my child lives with her father, and she does not work. The grandfather claims head of house hold and her. Do I have the right to claim my son or can the grandfather deny me that because the child does not live me?
Asked on 11/04/02, 10:05 pm
1 Answer from Attorneys
Jonathan J. Braverman
Jonathan J. Braverman, Attorney & Mediator
Re: income clam of a child
The IRS rule is that the Dependent EXEMPTION goes to the custodial parent, unless the parties agree otherwise.
In order to qualify for head of household status you must first have a household. If your child does not live with you, then the IRS [not the grandfather] is making the rules.
The mother probably lives with her father because she cannot afford to live on her own.
Answered on 11/05/02, 8:07 am
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