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In my divorce decree there is a dependancy exemption that reads…

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In my divorce decree there...
In my divorce decree there is a dependancy exemption that reads "Petitioner shall have the right to claim the minor child (names) as a dependent for all state and federal taxes in even years beginning 2010.
My question is this: One child is an adult and became an adult 12/09. He is a full time college student, lives with me and his dad wants to claim him on 2010 taxes. He did pay child support until 6/10 while our son was in high school but has refused to help with college or for any support since then. Q: Since it states "minor child" and one child is an adult now, do I still have to sign form 8332 to give him the excemption for both kids? or can I claim the adult child?
Submitted: 7 years ago.Category: Family Law
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Answered in 8 minutes by:
3/1/2011
Family Lawyer: Tina, Lawyer replied 7 years ago
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified
Thank you for your question.

Since the plain language of the decree indicates that you have an obligation to permit your ex to claim the "minor" child" in even years, you would typically have no duty to permit him to claim your son for this year since he turned 18 in 2009.

He was no longer a minor child in 2010 and a court would normally look to who the child actually lived with at least 50% of the time in 2010 and paid at least 1/2 of his expenses.

This is normally the criteria required by the IRS and followed by CA courts.

All the best to you.

Tina

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Customer reply replied 7 years ago
Thank you for your answer, but, I'm wondering does it make a difference that he did pay child support until 6/10? He quit paying as soon as child graduated high school. Does that make a difference?
Family Lawyer: Tina, Lawyer replied 7 years ago
Child support would be taken into account even though your son was no longer a minor. It would typically be taken into account to determine who was the primary supporting parent for the year.

If you provided the majority of support, then you would normally be the parent entitled to claim him as a dependent since the language of the decree no longer dictates who claims him since he is no longer a minor.

All the best to you!


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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
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