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Tax.appeal.168, Tax Accountant
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I am divorcing and living with 2 kids, 1 at college and one

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I am divorcing and living with 2 kids, 1 at college and one at home . The one at college comes home every week and has his address at my house. I am paying for his tuition and his dad reimburse (if I am lucky) half. I get temp spousal and child support.
I am now Head of Household and how many can I claim?
Welcome, THANK YOU for using Just Answer. My goal is to help make your life...a little...LESS taxing.

In brief, I would suggest claiming 3 on the W4. Regarding who is actually considered a dependent, SEE BELOW:

For tax purposes, there are 2 types of dependents, qualifying child, and qualifying relative, and there is strict criteria for each. Listed below are the qualifications;

Qualifying Child:

In general, to be a taxpayer’s qualifying child, a person must satisfy four tests:

  • Relationship — the taxpayer’s child or stepchild (whether by blood or adoption), foster child, sibling or stepsibling, or a descendant of one of these.
  • Residence — has the same principal residence as the taxpayer for more than half the tax year. Exceptions apply, in certain cases, for children of divorced or separated parents, kidnapped children, temporary absences, and for children who were born or died during the year.
  • Age — must be under the age of 19 at the end of the tax year, or under the age of 24 if a full-time student for at least five months of the year, or be permanently and totally disabled at any time during the year.
  • Support — did not provide more than one-half of his/her own support for the year.




Qualifying Relative:


To be claimed as a qualifying relative, the person must meet all of the following criteria:

Not a qualifying child - The dependent cannot be a qualifying child of another taxpayer.


Gross Income – The dependent earns less than the personal exemption amount during the year. For 2012, this means the dependent earns less than $3,800.


Total Support – You provide more than half of the dependent's total support during the year.


Relationship – You are related to the dependent in certain ways.

Joint Return – If the dependent is married, the dependent cannot file a joint return with his or her spouse.


Citizenship – The dependent must be a citizen or resident alien of the United States, Canada, or Mexico.




Please let me know if I can be of further assistance to you regarding this matter.


Thank you again for using JUST ANSWER.



Tax.appeal.168 and 2 other Tax Specialists are ready to help you

Thank you very much for the high rating and the bonus. There is no need to respond to this thread. This is the only way that I can say thank you.

I hope that you and yours have a safe, and happy holiday season.