QUESTION
Can I claim my step daughter if the divorce papers say the dad gets to claim her until she's 18?
Asked on Jan 24th, 2014 on Taxation - Missouri
More details to this question:
She lives with us. He doesn't ever see her. He lives in a different state. He pays child support but not much. He has been claiming earned income credit. I know he should be able to do that. I feel we should get to.
2 ANSWERS
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If the divorce decree says he gets the deduction and he's paying 10% or more of her support, he gets the deduction.
Answered on Jan 29th, 2014 at 7:30 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Under IRS regulations who provides over 50% of the support of an individual child is entitled to the dependency exemption for that child. If, however, the dissolution decree provides otherwise there will be, at the very least, additional litigation necessary. This will quickly come to a head if you and the child's biological father claim the exemption for the same tax year.
Answered on Jan 28th, 2014 at 12:04 PM