QUESTION
Who can claim a child as a dependent for tax purposes?
Asked on Aug 06th, 2015 on Divorce - Wisconsin
More details to this question:
Many years ago, my husband’s divorce decree stipulated that he would claim his son for tax purposes, and his ex-wife would claim his daughter. When his daughter graduated from high school, the ex-wife threw her out of the house and she moved in with us. We did not go back through the court system to modify the decree, as he only had about 7 months of child support left to pay (daughter was 18, but age of majority is 19 in our state) before our daughter turned 19. Since then, she has continued to live with us (for the past 3 ½ years), we have provided all of her support, housing, college tuition assistance, etc. Her mother has provided no monetary support whatsoever. This year, it occurred to us that we should be claiming her as a dependent, as her mother threw her out of the house and has not supported her in any way financially. We told the ex-wife that was out intention and she said we can’t, because that isn’t what the divorce decree says. It would seem that when she threw her daughter out, and our daughter reached the age of majority, then the decree no longer “rules”. Can we claim our daughter on our taxes?
5 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Good question. You might want to discuss it wit a tax expert. To be more certain of your right to claim the deduction, you might want to move to amend the original divorce judgment to provide for the tax exemption passing to you, which. Good Luck.
Answered on Aug 07th, 2015 at 11:50 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Divorce decrees can determine who gets to claim the exemption between the custodial parent and the noncustodial parent. Once a child reaches the age of majority, the concept of custody ceases to exist - no one has custody of an adult. For an adult child, the only person who can claim the exemption is the person who qualifies for the exemption under the tax law. If she lives with you for more than 1/2 the year (a student away at school counts as living at their permanent residence), you provided more than 1/2 of her support are the requirements in a nutshell. Since the adult child neither lived with her mother ?nor did her mother provide any support, the mother doesn't qualify - regardless of what the decree says.
Answered on Aug 07th, 2015 at 4:44 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You get to claim her as a dependent. Consider filing amended returns for the last three years to claim her for those years, too.
Answered on Aug 06th, 2015 at 8:16 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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When a child is no longer a minor, the Decree no longer applies to that child.
Answered on Aug 06th, 2015 at 2:12 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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When your daughter turned 18, she can decide who claims her.
Answered on Aug 06th, 2015 at 1:11 PM