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If two children were working together to make money, could one of the kids' parents claim all of the money that they both make?

Mount Kisco, NY |

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Attorney Answers 3


  1. What do you mean by "claim"? Keep the children's money? Count it as their income for child support calculation purposes? Claim it as income on a tax return? Your question is confusing.

    Generally, income earned by children belongs to the children. If it exceeds a certain threshold per year, the kids have to pay income taxes on it and file a return. If most of the children's expenses are covered by the custodial parent, and they live with that parent more than 50% of the year, the custodial parent gets the dependency deduction regardless of any income the kids make, whether through summer jobs, camp counseling, baby sitting, lawn mowing, lemonade stand, etc. (or if they're lucky or talented like Miley Cyrus or Justin Bieber, through acting or modeling careers, where we're talking about "real money").

    What is your question here, and what do you mean by the use of the word "claim"? Generally, the income of the kids has nothing whatsoever to do with anything a parent can "claim".

    A tax advisor or accountant is a better resource than a lawyer here.

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  2. Please clarify your question. Is it a tax question or do you mean that the parent took the money from the children?

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  3. See my prior answers.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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