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Child Dependent Status at age 18

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What is the name of your state? Virginia

My ex-husband and I separated in 1996 and divorced in 1998. St the time of the separation I signed a form releasing my oldest son to him as a dependent for tax purposes. I have sole physical custody. Next year my son turns 18 and will continue to be a full time student in college. His father has informed me that he will be, and I quote, "cutting him off on his 18th birthday." He has no plans to assist with college tuition or expenses either. So my question is can he still claim him as a dependent when he no longer pays any support? Or will I be able to start claiming him on my taxes? He is required through our divorce decree to provide medical insurance as long as he is a full time student. But that in no means is anywhere near 50% support.



If you and your ex-husband combined provide more than half the support for your son, then your ex is entitled to claim him as a dependent. This is assuming you signed form 8332 or a similar document.

If your son provides more than half of his own support, then he can claim himself, in which case your ex cannot.

Since you have physical custody, you still may be entitled to Earned Income Credit, and may be able to file as Head of Household, as they have a different set of criteria then claiming someone as a dependent.

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