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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7268
Experience:  15years with H & R Block. Divisional leader, Instructor
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I have a 20 year old disabled Son. His Mother and I have been

Resolved Question:

I have a 20 year old disabled Son. His Mother and I have been divorced for 3 years now. We take turns claiming him as a dependent and filing head of household. When it is not my year to claim him, I file single with no dependents. He started to receive his SSI from social security, this year. Per our divorce decree, all of the money goes to my ex-wife. Therefore, I do not receive any of the SSI. Can I still claim him as a dependent and file head of house hold even though he/his mother receive the SSI?
Submitted: 10 months ago.
Category: Tax
Expert:  Robin D. replied 10 months ago.

Robin D. :

Hello and thanks for trusting me to help you today. I am a tax adviser with over 15 years of experience.
The parent that the son actually lives with is the custodial parent. They would be the only parent that should really be claiming Head of Household. If the custodial parent signs the Form 8332 the noncustodial parent could claim as a dependent but not Head of Household.
SO, does your son live with you or the mother?

Robin D. :

If your son does not live with you for more then half the year you need to get the mother to sign Form 8332 ans then you could claim your son as a dependent for that year.

Customer:

We both share 50% physical and legal custody of him. He lives with me half of the year and half with his mother.

Robin D. :

To be head of household he would need to live with you more than half the year but you could claim him still as a depndent provided you are supplying more than half his support for that year.

Robin D. :

I know it gets a little complicated but the SSI should not make a difference.

Customer:

I am supplying half of his support. Per the divorce decree his mother and I will alternate turns claiming him as a dependent. One year she will claim him and the next year is my turn to claim him. So this year is my year to claim him. His mother told me that since he started receiving his SSI, we can't claim him anymore unless we spend more than 710$ per month over an avove his living expenses. Since I don' t receive any of his SSI, I thought that I should still be able to count him as a dependent and claim head of house hold when it is my year.

Robin D. :

You can claim him as long as you are paying more than half the cost of the home. His SSI would be considered support for him but it is calculated against all the expenses of the home.

Robin D. :

You would have to look at utilities, food, mortgage or rent, everything. Then divide that by the number of people in the house.

Robin D. :

As long as you paid more then half of his costs you can claim as a dependent.

Customer:

That is what I thought. His SSI has no impact on me, since I don't get any of that money.

Robin D. :

Head of household is different because he has to have lived with you more than half the year. This is also the rule even if your divorce decree says you will split years

Robin D. :

It is not that you do not get it. But that he is paid it.

Robin D. :

Does the payment come inhis name?

Robin D. :

in his* sorry

Customer:

I don't know. It goes to his mother. Is there any way his SSI would affect my taxes, when I don't get any of the money?

Robin D. :

You would not have to include the amount in your return (this is true for any parent) but it impacts if you can claim him as a dependent based on the expenses I stated before.

Robin D. :

It is not that you do not get it but that he does so is he supporting himself more (by virtue of the payments accessible for his care) or you and his mother.

Robin D. :

"unless we spend more than 710$ per month " I suspect someone may have tried and explained the same to your ex but they would not have known the amount you have so that $710 can not be relevant to you.

Robin D. :

If he receives $710 a month then you would need to supply more than that as your support. Your rent or mortgage, utilities, food, entertainment everything would need to be added to see if you supply more,

Customer:

So, I pay for half of his expenses and they do exceed the $710 per month. I guess I am still confused. Can I claim him this year as a dependend and file head of house hold? Since he did live with 50% of the time and I paid for all his expenses and provided his shelter.

Robin D. :

Dependent yes, head of household no, unless he actually lived with you for more than half the year. There are generally 365 days in a year, that means it it is rarely equal.

Robin D. :

His mother cannot either in her years unless he lives with her more than half the year for that specific year.

Customer:

So we both have to file single every year since he lives with each of us 50% of the time?

Robin D. :

Yes, according to the law unless he lived with either one of you more than half the year (even a day longer then the other)

Robin D. :

If audited either of you would have to prove that he lived with you more than half the year

Customer:

Ok thank you.

Robin D. :

You are most welcome.
Your positive rating is always thanks enough.

Robin D. :

I really enjoyed working with you – please feel free to request me again when you come back to ask another question.
You will find the request feature when you come back under your MY QUESTIONS section.

Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7268
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and 2 other Tax Specialists are ready to help you

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