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Tax Deduction/Dependant 18 Court Decree Over

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Guinness

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Rhode Island
RHODE ISLAND IS A STATE!!!
The Court decree stipulated that starting in 1993 (1992 tax year) Dad would get child as deduction and every other year thereafter. 2004 child turned 18 and child support stopped. Now he claims he gets to deduct him this year as he does his taxes. I feel that when he turned 18, the court decree was no longer in effect, so we should get to deduct child! Child lives with us and goes to college.
 


LdiJ

Senior Member
Guinness said:
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Rhode Island
RHODE ISLAND IS A STATE!!!
The Court decree stipulated that starting in 1993 (1992 tax year) Dad would get child as deduction and every other year thereafter. 2004 child turned 18 and child support stopped. Now he claims he gets to deduct him this year as he does his taxes. I feel that when he turned 18, the court decree was no longer in effect, so we should get to deduct child! Child lives with us and goes to college.
I believe that you are correct. The court orders would no longer be in effect therefore the tax laws would be controlling. However if he paid child support for most or almost all of 2004 the yes, he would probably still have the right to the deduction this last time. If not, go ahead and take the deduction even if he does (you may have to file a paper return) and let the IRS sort out who is in the right.
 

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