What is the name of your state (only U.S. law)? Pennsylvania
I have talked with my accountant and searched the internet for legal answers and want to get your stance on my conclusions.
There are no dates listed on the divorce agreement except the date it was signed on the front in 2008. In the agreement, its simply states each parent may claim a specific child on their respective tax returns. Since there are no dates, I would assume any "legality" or specific assignment would end when they turn 18 or 19 (adult status), or at the will of the adult child to choose their own way to file. Plus, I went online and found a quick test on efile, answering a few questions to show a "qualifying child" or a "qualifying relative," both of which came back negative for dad. The child, now 21 years old, full time college student, working part-time (made over $4050 threshold), has become an argument.
Dad paid support during that the required years, and then the child was emancipated of the order at 18, and support ended. Dad was never the custodial parent. When support ended, that ended pretty much everything, and for the past couple years, dad has only contributed small financial helps directly to the kids here and there, nothing that compares to food and housing like I contibute. I have been the custodial parent for both children, provided 100% of their care and expenses after support ended
From everything I've read, if the parent doesn't provide at least 50% of child's support, and doesn't live at his address at least 50% of the year, it is fraudulent for him to claim child on his taxes. He actually pays ZERO towards any of child's expenses. Child's home is address is here, I pay for the cell phones and food, take care of getting the health insurance and do the FAFSA filings, and child pays for their own car insurance, living expenses and food at college. Dad shouldn't be using child on his tax return regardless.
Dad thinks he deserves to claim child on his tax return because of divorce agreement. I feel that ended at age 18. I found this statement on a tax advice site "The court also noted that because the children were over 18, they were considered emancipated under state law. Thus, neither parent had custody of the children, making Sec. 152(e) for divorced parents inapplicable to determine who could claim the children. Instead, the general rule of Sec. 152(a), which looks at who provided over half of the person's support, applied to determine whether the children were dependents."
As far as I know, dad plans on claiming child on his tax return regardless of being told he would be committing fraud, and also regardless of child telling him not to claim them. Is there a clear answer? We do not want any chance of student loans or grants being affected because of him claiming when it is my income that is used to determine eligibility.
I have talked with my accountant and searched the internet for legal answers and want to get your stance on my conclusions.
There are no dates listed on the divorce agreement except the date it was signed on the front in 2008. In the agreement, its simply states each parent may claim a specific child on their respective tax returns. Since there are no dates, I would assume any "legality" or specific assignment would end when they turn 18 or 19 (adult status), or at the will of the adult child to choose their own way to file. Plus, I went online and found a quick test on efile, answering a few questions to show a "qualifying child" or a "qualifying relative," both of which came back negative for dad. The child, now 21 years old, full time college student, working part-time (made over $4050 threshold), has become an argument.
Dad paid support during that the required years, and then the child was emancipated of the order at 18, and support ended. Dad was never the custodial parent. When support ended, that ended pretty much everything, and for the past couple years, dad has only contributed small financial helps directly to the kids here and there, nothing that compares to food and housing like I contibute. I have been the custodial parent for both children, provided 100% of their care and expenses after support ended
From everything I've read, if the parent doesn't provide at least 50% of child's support, and doesn't live at his address at least 50% of the year, it is fraudulent for him to claim child on his taxes. He actually pays ZERO towards any of child's expenses. Child's home is address is here, I pay for the cell phones and food, take care of getting the health insurance and do the FAFSA filings, and child pays for their own car insurance, living expenses and food at college. Dad shouldn't be using child on his tax return regardless.
Dad thinks he deserves to claim child on his tax return because of divorce agreement. I feel that ended at age 18. I found this statement on a tax advice site "The court also noted that because the children were over 18, they were considered emancipated under state law. Thus, neither parent had custody of the children, making Sec. 152(e) for divorced parents inapplicable to determine who could claim the children. Instead, the general rule of Sec. 152(a), which looks at who provided over half of the person's support, applied to determine whether the children were dependents."
As far as I know, dad plans on claiming child on his tax return regardless of being told he would be committing fraud, and also regardless of child telling him not to claim them. Is there a clear answer? We do not want any chance of student loans or grants being affected because of him claiming when it is my income that is used to determine eligibility.
