Calculating Household size

[Matmynx 0]

My wife has 4kids but 3 of them live with her parents and they(parents)are the legal guardians.They basically take care of the 3kids but she pays child support.When calculating our household size for the i864,will it be 6(my wife,I and 4kids) or do we just calculate 3people(my wife,I and the kid that stays with us)

[Wuozopo 4,293]

From the form instructions:

 

Add together the number of persons for whom you are financially responsible. Some of these persons may not be residing with you.

 

Item Number 4. Enter the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal income tax returns.

 

Item Number 5. Enter the number of any other dependents. You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return, even if that person is not related to you. Even if you are not legally obligated to support that person, you must include the person if, in fact, you did support that person and claimed the person as a dependent. 

 

 

Sounds like like the children are claimed even without having custody Since she provides support. Who claims the children on their tax return?

Edited March 16, 2017 by Wuozopo

[Matmynx 0]

Her parents