I'd say that you get to claim them because they lived with you (and did you take care of the financially too?) for more then half of the year. but that also means he doesn't get to claim the two of them on his tax return.

What do we do if the husband has already claimed both of them on his taxes? Yes we financially took care of our daughter and her baby from 1-1-2007 to 11-15-2007. The money our son-in-law sent home from the service simply paid his car payment and insurance payments. what can we do sense he already has filed?????

The easy way would be to have him refile his taxes, and maybe you could have your daughter talk to him about it.

or option 2, you just let him claim the two of them.

or option 3, you figure out what you have to do to make it so you can claim them. you might need to contact the IRS regarding this matter since it will effect his tax return and it is already filed with them.

I just found out what you can do, first, go read this

http://taxes.about.com/b/2007/03/21/what-if-someon e-else-claimed-your-child-as-a-dependent.htm

it talks about what you have to do to claim your daughter and your baby. you will have to file additional paperwork stating that she lived with you for more then half of the year, and you will need some kind of proof to show that she lived with you. (which should be kinda easy since he was off away somewhere).

You were paying for them for everything for more then half the year. he has no grounds to claim them, and if this went to the IRS you should win.

so you should go ahead and claim them.

You should got wo www.irs.com/pubilcation and contact them to see if therer is anything they can do i think the husband is really selfish i feel you should get credit where credit is due. he was away at that time so if it wasnt for u and ur husband there will probaly been alot on ur daughter

Yes, if you supported someone more than 6 months (over 1/2 of year), and contributed more than 50% of their overall cost of living, you are elibible to the the primary claimant. In the event that someone else claimed the individual you may contact the IRS with your claim, along with any viable documentation to back up your claim. The IRS can then recup their losses from the other individual by garnishing salary wages and/or their future tax returns.

To know if he can legally claim them, the question is "did HE live with the children for more than half the year" If he filed jointly with your daughter that will become quite a gray area because he was in boot camp and by filing jointly, they were all in the same household during that time.

The daughter is not a qualifying child unless she is a full-time student due to her age. Details about a qualifying child can be found on my blog at
http://www.taxknowhows.com/?p=6#comments

If you feel like you would like to step on the father's toes on this and win the claim, you will probably want to consult the IRS tax law department directly. When two returns claim the same dependents the IRS will temporarily freeze both returns until they sort out who deserves the claim.

good luck!