Hello and thank you for your time. My 17 year old who works and goes to school is living at her friend's house. I asked my daughter how much rent do I have to pay on my daughter's behalf? My daughter asked her friend's mother but she didn't want to charge any rent. I advised my daughter to at least help out with a bill, food, and toiletries. My daughter agreed and she helps as much as possible by purchasing things that she sees are needed and she helps clean the house. Nonetheless, I know that rent and/or mortgage payments are very high where my daughter lives. Since my daughter has been staying at her friend's house should I advise her to let her friend's mom claim my daughter on her taxes? Or should I advise my daughter to claim her own taxes? or Should I claim her? Thank you!
Family Law Attorney
I would seek the advise of a CPA so that you fully understand the state and federal tax implications of such a decision. Additionally, I have some questions regarding where the other parent is (or even if another party has a legal parental relationship with your daughter that would require their consent as well). There are two different questions here. One, can you legally allow someone else to claim an income tax deduction for your biological daughter from a family court perspective, which I can't answer from the facts you provided and two, is that even legal which is why I am directing you to a CPA.
Family Law Attorney
First, do you receive/pay child support for your daughter? If you are divorced from her dad, then that question must be answered, and dad consulted, before a decision is made. If child support is received, you must immediately notify the payor that your daughter is not in your home and modify/revisit the order.
Marriage / Prenuptials Lawyer
No, the friend's mother cannot claim your daughter on her income taxes, since your daughter is not a legal dependent of the friend's mother. Only a parent can claim her as a legal dependent.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.