Can I claim my grandkids that live with me?

So my daughter and her 2 autistic kids have lived with me for the past 3 years. I have basically taken care of them for this time. In the past year, I have essentially supported my daughter and both her kids. Starting in August or September, she began receiving disability payments for them, but she hasn’t really contributed financially, and I still take care of the kids and take them to their doctor appointments. Am I able to claim them? Would there be any issues?

You can claim them if 1) your daughter doesn’t claim them and 2) you make more money than your daughter.

Orion said:
You can claim them if 1) your daughter doesn’t claim them and 2) you make more money than your daughter.

This. Make sure they aren’t already being claimed.

Orion said:
You can claim them if 1) your daughter doesn’t claim them and 2) you make more money than your daughter.

Yes, I work 2 jobs, and she worked only a couple of months. My concern was about their disability payments, as I’m unfamiliar with the rules. I claimed them both last year. I essentially do everything for them except be their biological parent.

@Pax
You work two jobs and help with the kids? You deserve a medal :medal_sports:

@Pax
So the rule is technically do you provide 50%+ of their costs, and they’re not claimed elsewhere.

Shai said:
@Pax
So the rule is technically do you provide 50%+ of their costs, and they’re not claimed elsewhere.

No, there’s no requirement that a grandparent pay more than half of their support.

Just to clarify, they’re your grandchildren and lived with you the entire year?

Then yes, you are allowed to claim them as qualifying children assuming they are under 19 or under 24 and full-time students, as long as their mother does not claim them.

@Zayne
I guess what is confusing me is the disability check they both get. I am unfamiliar with how disability affects this.

Pax said:
@Zayne
I guess what is confusing me is the disability check they both get. I am unfamiliar with how disability affects this.

Their disability checks have no bearing on whether you can claim them or not.

Yes, and you can claim Head of Household status as well.

Do you or your daughter provide more than half their support?

The IRS has a helpful tool here: Whom may I claim as a dependent? | Internal Revenue Service

Caden said:
Do you or your daughter provide more than half their support?

The IRS has a helpful tool here: Whom may I claim as a dependent? | Internal Revenue Service

Support doesn’t matter for a qualifying child dependent as long as the child doesn’t provide more than half of their own support.

Caden said:
Do you or your daughter provide more than half their support?

The IRS has a helpful tool here: Whom may I claim as a dependent? | Internal Revenue Service

That doesn’t matter.

Mom and grandchildren lived with me all year and still do. I took care of them. They started getting disability for both grandkids in September, I believe. But she does not give me any money, and I can’t say that she ‘supports’ them with it. She blows the money, basically.

@Pax
It matters what kind of disability benefit they’re getting, specifically. Is it some kind of state program?

State and federal welfare programs are generally not counted as support provided by the child, but social security is. They wouldn’t be getting SSDI as toddlers, but they could be getting survivor benefits if their father has died?

@Owen
No, it doesn’t matter. Even if it counts as support, it doesn’t count as the child supporting themselves.

Yes, you can! My ex-girlfriend was on disability, and I claimed her daughter on my taxes for 2 years while we lived together.

Think of this in reverse from child-to-parent perspective to sort out the disability confusion. For example, elderly parents often move in with their children when they can no longer care for themselves. Elderly parents are likely receiving disability to help pay for medical expenses, but most don’t have a job. The child typically claims them as dependents.

Now, it’ll probably piss off the mother, who also sounds like your dependent, but you could have a discussion with her to each claim one dependent. Just my perspective—not professional legal advice.

So their disability is considered income taxed to them. As long as it doesn’t exceed the $14,600 filing threshold per child in 2024, you don’t have to worry about it.