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nick_15986 | Can claim my son as a dependent? |
My son is 21 years old, he is not disabled. He lived with me for all of 2006. He made less 3300 dollars in '06 and I provided more than half of his support. His father and I have been divorced since '95 and I am now remarried. In the divorce decree it says that his father claims him for tax purposes. However, did that expire when my son turned 18?
The only thing that holds me up is the decree. Turbo Tax says yes if it wasn't for the decree. |
 |
 
bostonianinmo
 |
Your ex cannot claim him as a dependent. Your son no longer meets the test as a qualifying child so his father cannot claim him. He does meet the test as a qualifying relative on your return so you can claim him. The divorce decree is irrelevant in this situation.
If your son is a full-time student then he may still be a qualifying child and your ex could claim him IF the decree meets the exacting requirements set in Federal law. Many decrees do not meet those requirements and the IRS is required by law to disregard a non-conforming decree since Federal law trumps state law and state court rulings. |
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K M
|
No |
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danny23
 |
You need to consult with a tax expert or lawyer. |
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~Sabie~
|
You need to read over the divorce decree, because alot of times if your child is still a student then his father would be allowed to still claim him, but if your son has been independent since turning 18 and just now came back to live with you in 2006, you should be allowed to claim him for that tax year! Ohh, and make sure he didn't claim himself on his tax return for 2006 if he already filed his own taxes! But re-read the decree and if in doubt consult your divorce attorney or a tax consultant, they should be able to help you |
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Nashville Guy
|
I believe you can, but only if he is a full time student. |
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Fartbuster
|
I don't think so. |
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Sassy
|
For Federal taxes, contact the IRS...1-800-829-1040 or www.irs.gov |
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angie
 |
Your children are only classed as dependents up to the age of 18 in normal circumstances.
Disabilities or student status can sometimes be a factor with a child aged 18 & over.
Any tax benefit recieved by your ex should have expired when your Son turned 18. |
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Emperor D.
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Your son can support himself he is an adult already he need to move and to be an Independent, he need work and pay taxes, You just think in yourself. |
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