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rramsook, Enrolled Agent
Category: Tax
Satisfied Customers: 307
Experience:  Specialize in Individual,Corporate, and payroll tax matters.
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My ex husband has claimed my son on his taxes since our divorce

Customer Question

My ex husband has claimed my son on his taxes since our divorce 13 years ago. My son turned 18 in april and graduated in june so my ex stopped paying child support. My son now attends college with finacial aid so my ex pays nothing towards it. I continue to buy clothes and personal items for my son while my ex pays for nothing. My queston is... can i claim my child on my taxes this year? I live in new jersey. Thanks
Submitted: 4 years ago.
Category: Tax
Expert:  rramsook replied 4 years ago.

rramsook : Hello and welcome to Just Answer!
rramsook : Since your son is 18 years old and still in school, and he is living with your for more than half of the tax year, and you provide more than 50% of his support, you can claim him on your tax return. He meets the Qualifying Child test and your are entitled to claim his as your dependent.
rramsook : Does your son have any source of income? Did he work in 2012?
rramsook : Please refer to IRS tax publication 501, for further clarification.
rramsook :
Customer : Yes he has a part time job but im sure he hasnt made more than 900 $.
Expert:  Barbara replied 4 years ago.

Another expert here - based on the information contained in your initial question as well as the additional information that your son earned $900 during 2012, you can claim your son if you provided more than half of his support. Please let me know if you require further clarification. Thank you.

Expert:  rramsook replied 4 years ago.
Hi thanks, for getting back to me , since he did make only $900, he earned under the income threshold which $9750. Since you did support him more than 50% of last year, you can definitely claim him as your dependent this year. You are custodial the parent.

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