Skip to main content

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 |
Attorney answers 3


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.

This answer is provided under the “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".


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


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.

Jack Richard Lebowitz

Jack Richard Lebowitz


What were your prior answers? I'm curious (link please).

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer