income tax return after chid supoort ended

[zuzen]

What is the name of your state (only U.S. law)? New Hampshire, but I was divorced in Texas. I was divorced in 1998 in the state of Texas(case was closed). I have 2 children and paid full child support until my youngest child was 18 and graduated high school. My children are now 18 and 20. I am paying for their college educations and expenses, medical & dental insurance, auto insurance, cell phones(which was not part of the divorce/child support agreement). My ex-wife filed for income tax return and claimed both children. Is there anything that I can do? ThankyouWhat is the name of your state (only U.S. law)?

 

[Ohiogal]

What is the name of your state (only U.S. law)? New Hampshire, but I was divorced in Texas. I was divorced in 1998 in the state of Texas(case was closed). I have 2 children and paid full child support until my youngest child was 18 and graduated high school. My children are now 18 and 20. I am paying for their college educations and expenses, medical & dental insurance, auto insurance, cell phones(which was not part of the divorce/child support agreement). My ex-wife filed for income tax return and claimed both children. Is there anything that I can do? ThankyouWhat is the name of your state (only U.S. law)?

Whose address do the children use for residential purposes? Who pays their utilities, food, rent, and what not? Wait for LD to post but answer those questions.

 

[tranquility]

Some of those things may be deductible depending on the amount of money you pay (as a percentage of their support) in support and on what particular thing you are trying to deduct or take a credit for. See a tax professional to review your facts this year.

 

[mistoffolees]

Some of those things may be deductible depending on the amount of money you pay (as a percentage of their support) in support and on what particular thing you are trying to deduct or take a credit for. See a tax professional to review your facts this year.

Or simply read the IRS rules to see who is eligible.

Unlike most IRS rules, the rule for dependents is fairly clear.

 

[tranquility]

Some things can be done if the person you're paying for is a child and not a dependant.

 

[LdiJ]

What is the name of your state (only U.S. law)? New Hampshire, but I was divorced in Texas. I was divorced in 1998 in the state of Texas(case was closed). I have 2 children and paid full child support until my youngest child was 18 and graduated high school. My children are now 18 and 20. I am paying for their college educations and expenses, medical & dental insurance, auto insurance, cell phones(which was not part of the divorce/child support agreement). My ex-wife filed for income tax return and claimed both children. Is there anything that I can do? ThankyouWhat is the name of your state (only U.S. law)?

Where do the 18 and 20 year olds live? If they are away at school, where do they go home for the holidays and school breaks? Your children are no longer subject to court orders, therefore it goes strictly by the IRS rules for claiming dependents at this point. If their home of record is with mom, then she is the one who is allowed to claim both the exemption for them, and any education credits.

You can claim medical and dental expenses for them even if they are not your dependents, assuming that you itemize and assuming that you have enough overall medical and dental expenses to exceed 7 1/2 percent of your AGI.

This is one area where I honestly wish that parents could cooperate more. I have a client who is CP, makes too much money for EIC, and has younger children to claim. However, she doesn't make enough money for education credits to be of any use to her, so the exemption for her college aged child is of minimal use to her. I talked her into allowing her ex to claim the college aged child because her ex COULD make use of the education credits, and was supplying the bulk of the education costs.

However, at the same time, I have also seen (in my state, where child support goes to age 21) ncps insisting on claiming the children as per the court order, where the ncp couldn't benefits from college credits, but the CP could.

Ideally parents of college aged children really should cooperate and do what is fair and reasonable.

 

[zuzen]

Income tax return after child support ended

The 18 year old address is at my residence in New Hampshire and the 20 year old is at my ex-wife's residence in Vermont for in-state tuition. Both spend time at both residences during school vacations.

 

[mistoffolees]

The 18 year old address is at my residence in New Hampshire and the 20 year old is at my ex-wife's residence in Vermont for in-state tuition. Both spend time at both residences during school vacations.

Read the IRS rules (IRS.GOV).

It's likely, though, that if you provide the majority of support for both children, you will be able to claim the 18 year old but not the 20 year old.

You can't have it both ways by claiming her residence is VT when it comes to tuition, but NH when it comes to taxes.

 

[LdiJ]

Read the IRS rules (IRS.GOV).

It's likely, though, that if you provide the majority of support for both children, you will be able to claim the 18 year old but not the 20 year old.

You can't have it both ways by claiming her residence is VT when it comes to tuition, but NH when it comes to taxes.

Support has nothing to do with it. Its the child's official residence that is going to determine things.

Support stopped being a factor (as long as both parents combined provide more than 50% of the child's support) quite a few years ago.