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Sandi Hargrove, SkyHawks
Sandi Hargrove, SkyHawks, Master Tax Advisor, Enrolled Agent
Category: Tax
Satisfied Customers: 1257
Experience:  I am a Master Tax Advisor and Enrolled Agent. I have 40 years experience. Trucking specialist.
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Claiming dependants

Customer Question

My husband's eldest daughter is turning 19. According to his divorce and child support decree, he's to pay support until the youngest child is 19. This means the eldest will be 21. We have confirmed this with an attorney. My husband claims the eldest, and their Mother claims the youngest child for taxes. The eldest daughter will not receive a high school diploma. She may not be able to work because of mental and academic disabilities. She may not be able to work and if she does, will unlikely make a enough money to support herself leaving her to live with her Mother. She will not come live with her Father to have her educational needs met. Obviously, it is unlikely she will attend college. Because she is 19, we cannot force her to educate herself. Therefore, can my husband still claim the eldest as a dependant for 2005 and future years while paying child support?
Submitted: 11 years ago.
Category: Tax
Expert:  Sandi Hargrove, SkyHawks replied 11 years ago.

 He may claim his daughter as his dependent if she is under 19(or a full time student for some part of 5 months of the tax year) and he and the mother provided more than 50% of her total support. 


If she is over 19 and not a full time student, he and the mother must pay more than 50% of her total support and she must have income of less than 3100 to qualify as his dependent.  If the child's doctor states that she is physically or mentally handicapped(written proof is best), she need not be a student.


If the child does not live with him more than 6 months of the tax year, the custodial parent must sign form 8332 to allow him to claim the exemption even if it is listed in the divorce decree.

Sandi Hargrove, SkyHawks, Master Tax Advisor, Enrolled Agent
Category: Tax
Satisfied Customers: 1257
Experience: I am a Master Tax Advisor and Enrolled Agent. I have 40 years experience. Trucking specialist.
Sandi Hargrove, SkyHawks and 4 other Tax Specialists are ready to help you
Customer: replied 11 years ago.
Reply to Sandi Hargrove, SkyHawks's Post: Thank you for your reply. We are aware of the 8332. When we married in 1995 and filed a joint return, claiming the eldest child, the Mother refused to sign the 8332 stating she had never signed it before, so she wasn't going to sign it now. The IRS has never made an issue of it, so I ignored it. Are we in trouble? The Mother is not only difficult, but non-communicative. (Probably same disability as child). If the Mother is the "custodial" how do we declare the child disabled? We have an evaluation from a legitimate psychologist, but we're dealing with an impossible Alabama judge. One question leads to another! AND, what if the Mother will NOT sign the 8332?I will be happy to "up" my offer if you can help. Thanks!!!
Customer: replied 11 years ago.
Sandi...sorry for taking so long to accept....didn't understand...cand you see my reply to your answer? Thanks!!!!
Expert:  Sandi Hargrove, SkyHawks replied 11 years ago.

 IRS often will accept the divorce decree instead of Form 8332 when the exemption is listed in that document.  However, this is not always the case and IF the mother would attempt to claim your daughter, you may lose the case.


The determination of "disabled" by the doctor will only be needed if your daughter has income over 3100.  If her income is less, you should be ok.


Sorry for the late answer...grandchild demanded attention!

Customer: replied 11 years ago.
Reply to Sandi Hargrove, SkyHawks's Post: Thank you, XXXXX XXXXX!!!!
Expert:  Sandi Hargrove, SkyHawks replied 11 years ago.
 Thank you.  I hope you return with any other questions that may arise.  
Expert:  Steve -- a.k.a. Oreport replied 11 years ago.
Sandi,



FYI --Customerposted the following as a new question.  --Steve



Reply to Sandi Hargrove, SkyHawks's Post: Thank you for your reply. We
are aware of the 8332. When we married in 1995 and filed a joint
return, claiming the eldest child, the Mother refused to sign the 8332
stating she had never signed it before, so she wasn't going to sign it
now. The IRS has never made an issue of it, so I ignored it. Are we in
trouble? The Mother is not only difficult, but non-communicative.
(Probably same disability as child). If the Mother is the "custodial"
how do we declare the child disabled? We have an evaluation from a
legitimate psychologist, but we're dealing with an impossible Alabama
judge. One question leads to another! AND, what if the Mother will NOT
sign the 8332?I will be happy to "up" my offer if you can help.
Thanks!!! 


 




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