Question Concerning Dependents... And Claiming Them...

[geonhope]

What is the name of your state? Florida...



Ok, so I live in the state of Florida... I was living with my Step-Father and he was claiming me up until the time I was 18, which was in May of 2007... this year he said he wasn't going to claim me so I could claim myself and get more money back, but that he would get half considering he did not claim me on his own taxes as a dependent...

He isn't my biological Father nor does he have any type of guardianship... other than the educational guardianship which was over when I turned 18...

I moved out of my Step-Father's house a few months before the begining of this year, 2008, and I am now living with my boyfriend...

Is there any way he could have claimed me ? Also, all these years was he allowed by law to claim me since I was not legally his child ? Help please... thank you...

[LdiJ]

Originally Posted by geonhope

What is the name of your state? Florida...



Ok, so I live in the state of Florida... I was living with my Step-Father and he was claiming me up until the time I was 18, which was in May of 2007... this year he said he wasn't going to claim me so I could claim myself and get more money back, but that he would get half considering he did not claim me on his own taxes as a dependent...

He isn't my biological Father nor does he have any type of guardianship... other than the educational guardianship which was over when I turned 18...

I moved out of my Step-Father's house a few months before the begining of this year, 2008, and I am now living with my boyfriend...

Is there any way he could have claimed me ? Also, all these years was he allowed by law to claim me since I was not legally his child ? Help please... thank you...

You gave slightly different facts on your other thread. Why did you re-ask your questions with different facts?

[geonhope]

Originally Posted by LdiJ

You gave slightly different facts on your other thread. Why did you re-ask your questions with different facts?

The only things I didn't include in the other was that he isn't my biological father, and that he didn't have any type of guardianship...
but I asked on here because there are a few new issues with this whole mess... I told him he isn't getting the money and now he is threatening to refile and claim me as a dependent...

[TinkerBelleLuvr]

Exactly HOW long did you live with step-dad? How much did you pay in rent: before turning 18 and after turning 18? What other monetary contributions did you make to the household?

You are allowed one exemption for each person you can claim as a dependent. You can claim an exemption for a dependent even if your dependent files a return.

The term “dependent” means:
A qualifying child, or
A qualifying relative.
The terms “qualifying child” and “qualifying relative” are defined later.

You can claim an exemption for a qualifying child or qualifying relative only if these three tests are met.
Dependent taxpayer test.
Joint return test.
Citizen or resident test.

To meet this test, a child must be:

Your son, daughter, stepchild, foster child, or a descendant (for example, your grandchild) of any of them, or

Your brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant (for example, your niece or nephew) of any of them.

Age Test
To meet this test, a child must be:

Under age 19 at the end of the year,

A full-time student under age 24 at the end of the year, or

Permanently and totally disabled at any time during the year, regardless of age.

To meet this test, your child must have lived with you for more than half of the year. There are exceptions for temporary absences, children who were born or died during the year, kidnapped children, and children of divorced or separated parents.

Support Test (To Be a Qualifying Child)
To meet this test, the child cannot have provided more than half of his or her own support for the year.

This test is different from the support test to be a qualifying relative, which is described later. However, to see what is or is not support, see Support Test (To Be a Qualifying Relative), later. If you are not sure whether a child provided more than half of his or her own support, you may find Worksheet 1 helpful

As for whether he could claim you or not, relationships established by marriage continue even if those parties divorce.

http://www.irs.gov/publications/p501/ar02.html#d0e2859

The key part is whether the stepdad provided more than half your support in 2007.