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I am divorced with joint custody of my child Brent who I…

I am divorced with...

I am divorced with joint custody of my child Brent who I claim on my taxes. He spends half the time at my house. He has behavioral and intellect disabilities and he is currently attending a lifeworks school that the town is paying for. Can I claim him as a disable child on my taxes?

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3/10/2018
emc011075
emc011075, Tax adviser
Category: Tax
Satisfied Customers: 3,987
Experience: IRS licensed Enrolled Agent and tax instructor
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Hi. My name is ***** ***** I will be happy to help you.

How old is your child?

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Customer reply replied 5 months ago
child is now 18

Ok. Is he a full time student? Did his physician declared him as disabled?

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Customer reply replied 5 months ago
full time student. yes he was declared that and he receives mass health insurance from state of massachisetts because of his disability

Than yes, you can claim him as your dependent.

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Customer reply replied 5 months ago
even if i share custidy and i share cost of him living with me?
Customer reply replied 5 months ago
are there any forms that i need to fill out

Are you his custodial parent? How many nights he sleeps in your house? For tax purposes there's no such things as shared custody .

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Customer reply replied 5 months ago
im his custodial parent he slept at my house last year for half the year

If you are his custodial parent than you can claim him as your dependent as long as he spend more than 6 month in your house.

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Customer reply replied 5 months ago
ok thanks are there any forms i need to fill out?

The IRS does its own rules to determine who is and who is not a custodial parent. If he the child spend with you more than 6 month he is dependent for tax purposes. You do not need to fill out any special forms.

emc011075
emc011075, Tax adviser
Category: Tax
Satisfied Customers: 3,987
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Customer reply replied 5 months ago
ok thanks
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