adult child dependent

[miche11em]

What is the name of your state (only U.S. law)? Washington - my daughter is in college in CA, and my ex-H lives in CA

Hi- my adult daughter is in college and her father and I split her expenses. I also provide additional items - such as clothes, etc. He believes his pays more than half, but the amounts do not support this belief.

Before college, I had always claimed her because she lived with me most of the time and I provided more than half of her support. Some years, he did not pay child support or provide medical insurance or pay half the medical bills.

Currently, as an adult, she informed him that she wanted to be claimed on my federal return. My health insurance is far superior to his, and pays 90% of claims and most Rx for 50 cents. She has some medical conditions and utilizes about 6k a year in medical costs, 90% paid by my insurance. I have to certifiy her full time enrollment and that she is a dependent on my insurance in order to claim her on it. This is why she told him to let me claim her.

He didn't honor her request and now is refusing to allow me to claim her for the prior years (which I did and the IRS is now investigating who legitimately can claim her).

As an adult, is it up to her to decide who can claim her? If so, what do I need to do to show that this is her wish? She is willing to sign a letter if needed.

Thanks!

 

[davew128]

As an adult, is it up to her to decide who can claim her?

Being claimed as a dependent and by whom is a matter of facts and the law, not choice.

 

[miche11em]

info

Thanks. I have researched the law and it seems I meet the criteria, although my ex-H won't tell anyone how much in deducations he has.

Should I just claim her, have the IRS get involved since we both do, and let the IRS investigate and make a determination?

I am not sure how else to handle it - thanks.

 

[LdiJ]

What is the name of your state (only U.S. law)? Washington - my daughter is in college in CA, and my ex-H lives in CA

Hi- my adult daughter is in college and her father and I split her expenses. I also provide additional items - such as clothes, etc. He believes his pays more than half, but the amounts do not support this belief.

Before college, I had always claimed her because she lived with me most of the time and I provided more than half of her support. Some years, he did not pay child support or provide medical insurance or pay half the medical bills.

Currently, as an adult, she informed him that she wanted to be claimed on my federal return. My health insurance is far superior to his, and pays 90% of claims and most Rx for 50 cents. She has some medical conditions and utilizes about 6k a year in medical costs, 90% paid by my insurance. I have to certifiy her full time enrollment and that she is a dependent on my insurance in order to claim her on it. This is why she told him to let me claim her.

He didn't honor her request and now is refusing to allow me to claim her for the prior years (which I did and the IRS is now investigating who legitimately can claim her).

As an adult, is it up to her to decide who can claim her? If so, what do I need to do to show that this is her wish? She is willing to sign a letter if needed.

Thanks!

No, actually, its not her decision. Whoever is the custodial parent (the parent whose home she returns to during breaks and summers) is considered to be the ongoing custodial parent for tax purposes. Being away at college is considered to be a temporary absence from the custodial home.

Her father does not have the authority to allow or disallow you to claim her. If you were the parent with primary custody before she started college, and your home is still the home she returns to during breaks and summers, then you are the only person who can claim her under the tax code, and its her father that would need YOUR permission to claim her.

The exception to that is if she earns enough money that she clearly provides more than 50% of her own support. In that instance she would not be the dependent of either one of you.

 

[miche11em]

thank you

Thank you for the information.

She spends the majority of her vacations, etc. with me; although she does see her father sometimes.

She considers my residence as her home, primarilly, and her father's as somewhere that she visits. If she could have a benefit from claiming her father, though, I would do so. She can't. The benefit is for him alone. I would have to pay back 6k in insurance claims for one year alone; most of the providers were not even on his insurance.

How do I proceed with the claims, as he is going to claim her as a dependent, despite her wishes and despite her decision to keep me as the person who can claim her, so that she can keep my insurance?

Do I just claim her and then appeal to the IRS?

 

[TinkerBelleLuvr]

If he files first, you file a paper return and let the IRS deal with the duking it out. It boils down to showing WHERE the child returns on breaks, along with proof of insurance coverage, etc. Did dad have custody before 18, or did you?

 

[LdiJ]

Thank you for the information.

She spends the majority of her vacations, etc. with me; although she does see her father sometimes.

She considers my residence as her home, primarilly, and her father's as somewhere that she visits. If she could have a benefit from claiming her father, though, I would do so. She can't. The benefit is for him alone. I would have to pay back 6k in insurance claims for one year alone; most of the providers were not even on his insurance.

How do I proceed with the claims, as he is going to claim her as a dependent, despite her wishes and despite her decision to keep me as the person who can claim her, so that she can keep my insurance?

Do I just claim her and then appeal to the IRS?

As Tink says, if he files first then you simply file a paper return.

This is what will happen...

The IRS will pay out both refunds.

Then, around November/December of this year you will both get "soft" letters from the IRS stating that a duplicate claim was made and asking you to amend your return if the person was not really your dependent.

If neither one of you amends your return then the IRS will send letters asking you to substantiate your right to claim the child.

At that time you will get all outside documentation that you can to show that your daughter's home address is your address. School records, medical records, W2s showing that she lives at your address, tax returns that show that she lives at your address (her tax returns if she is working), a copy of her 1098T showing your address, etc. You will also need to provide a copy of her birth certificate to prove that she is your child.

You will then send all of that to the IRS along with a copy of the letter that they sent you. DO NOT send them any substantiating documents until they ask for them. The docs will just end up in never never land if you do.