gfizer Posted February 18, 2013 Report Posted February 18, 2013 Female taxpayer has a daughter who is a full-time student and lives with her. Daughter turned 18 in 2012. Pursuant to divorce decree taxpayer's ex was to pay child support until their daughter reached the age of 18 and he was entitled to claim the dependency exemption. Now taxpayer wants to know if she can claim her daughter since her ex no longer has any child support obligation. What do you guys think? Quote
Jack from Ohio Posted February 18, 2013 Report Posted February 18, 2013 Female taxpayer has a daughter who is a full-time student and lives with her. Daughter turned 18 in 2012. Pursuant to divorce decree taxpayer's ex was to pay child support until their daughter reached the age of 18 and he was entitled to claim the dependency exemption. Now taxpayer wants to know if she can claim her daughter since her ex no longer has any child support obligation. What do you guys think? Follow the dependency checklist. Simple as that. Quote
jainen Posted February 18, 2013 Report Posted February 18, 2013 >>What do you guys think?<< I think she should claim her daughter for 2012--and then amend 2009, 2010, and 2011 to claim her for those years too! And 2008 on the Wisconsin return! Quote
Terry D EA Posted February 19, 2013 Report Posted February 19, 2013 I gotta agree with Jainen as child support and dependecy do not go hand in hand here. I'm not sure that a court ruling of who gets to claim the child overrules the IRS requirements to establish dependency. Quote
Jack from Ohio Posted February 19, 2013 Report Posted February 19, 2013 I gotta agree with Jainen as child support and dependecy do not go hand in hand here. I'm not sure that a court ruling of who gets to claim the child overrules the IRS requirements to establish dependency. County Courts do not overrule Federal IRS. Quote
gfizer Posted February 19, 2013 Author Report Posted February 19, 2013 County Courts do not overrule Federal IRS. Thanks, Jack. I believed that to be the case. I think she has always been willing to abide by the terms of the divorce agreement that they both signed so long as he was paying child support, but now that the child support has stopped coming she is trough playing nice. Quote
Lion EA Posted February 19, 2013 Report Posted February 19, 2013 As long as she signed Form 8332 for each year, her ex could claim the dependency. In my state, her child was no longer a minor at 18, so she can no longer release the dependency to her ex. Child support did not enter into her tax situation unless both parents together did not provide over half the child's support. Quote
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