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Richard, Tax Attorney
Category: Tax
Satisfied Customers: 55723
Experience:  29 years of experience as a tax, real estate, and business attorney.
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Can I claim as a dependent for 2009 My daughter who was arrested

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Can I claim as a dependent for 2009 My daughter who was arrested and placed in DYS custody in Feb of 2009. DYS says yes but I am not sure if I should believe them?

Good afternoon. You are eligible to claim your daugher as a dependent on your tax return if you can demonstrate you provided more than 1/2 of her support. You can demonstrate such if either (1) your daugher lived with you for more than half the year, or (2) you can show that you spent more money on your daugher than DOY did.



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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 7 years ago.
Well I can't say she lived with us she was in custody from Feb 2009 until June of 2010. I have no idea how much the state spend on her? I don't think they know either? There might be a set fee for detention services? So it makes no difference that we had to maintain the home for her as if she was here. Or the fact that the state or anyone else will claim her?
Those are the rules. The fact that you maintain the home for her is a cost....because you can show that but for her, you wouldn't need as big a house. If I were you, I would claim the exemption and then fight it later by proving the expenses you are incurring because of her whether or not she lived with you. The fact the state doesn't claim her is not relevant.
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