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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 8177
Experience:  Experienced Family Law Attorney
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My 22 year old daughter is a full time college student. We

Customer Question

My 22 year old daughter is a full time college student. We have paid her tuition and housing for the last three years. She secretly got married November 24 2014. We continued to support her paying her education and housing till the end of Febuary 2015. We claimed her as a dependent and so did her husband. She never lived with him, nor did he financially support her in anyway. He is in the military and is here locally. Who has the right to claim her?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted. A few minutes please as I look into this for you.
Expert:  LegalGems replied 1 year ago.
If the adult child filed a joint tax return with the spouse, the parents cannot claim the adult child. If there was no joint tax return, then the parents may claim a child based on:
Tests To Be a Qualifying Child Tests To Be a Qualifying Relative
The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
The child must be (a) under age 19 at the end of the year and younger than you (or your spouse, if filing jointly), (b) under age 24 at the end of the year, a student, and younger than you (or your spouse, if filing jointly), or (c) any age if permanently and totally disabled.
The child must have lived with you for more than half of the year. ( The child must live with you for more than six months of the year, but living away at school is a "temporary absence" that does not count against the six-month period.)
2
The child must not have provided more than half of his or her own support for the year.
The child must not be filing a joint return for the year (unless that return is filed only to get a refund of income tax withheld or estimated tax paid).
http://www.irs.gov/publications/p17/ch03.html
http://www.efile.com/claim-a-qualifying-child-as-a-dependent-tax-deduction/
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Customer: replied 1 year ago.
They were only married for 31 days and he gets to claim her as his dependent? He never in the year financially helped her. We paid for everything except her food ,which provided through her part time job. She would spend weekends with us as her school is only 20 miles away.
Expert:  LegalGems replied 1 year ago.
For marital purposes, what controls is whether the person is married on the last day of the year; but regardless of marriage, the supporting parent can still claim the adult child if the above test is met (if an adult child resides outside of the home due to college enrollment that does not count against the residency requirement).
If however, the adult child filed jointly, that would be controlling. If they amend their taxes, then the parents can claim the child.
Customer: replied 1 year ago.
They did file jointly, but we were the finfncial providers and she was dependent on us.
Expert:  LegalGems replied 1 year ago.
In order to claim the individual,they would need to amend their taxes otherwise the double dependency can trigger an audit.
I would suggest you talk to her and explain this, and hopefully she will comply since that is a significant deduction.
Expert:  LegalGems replied 1 year ago.
Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
Of course, should you have other questions please do not hesitate to post here.
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