My ex-husband claims my oldest son (22 and a full-time student) as a dependent on his income tax. The only form of support he gives my son is paying for his health care coverage and occasional "gas" money. He does not help in any manner with tuition or room and board.
On the other hand, I have paid for room and board consistantly for the past year. In addition, I pay for books and other expenses that occur.
I feel my ex doesn't have the right to claim my son. Am I right? If so, is there anything I can do since my ex has claimed him for the past 4 years (with the same situation)?
**new info: My son lives in his own apartment when not in school. He lives there full-time (with me helping with expenses). The decree only covers through age 18. He has filed his own insurance, but his dad had it changed.
2007-06-12 03:47:41 · 6 answers · asked by Patty 1 in Business & Finance ➔ Taxes ➔ United States
Is there anything my son can do for the filings that he DIDN'T get to claim himself for the past couple of years? His dad has claimed him every year (telling my son "he has to" because my son "is a student receiving health care benefits". Can he refile for the past couple of years?
2007-06-12 06:10:25 · update #1
Unless your son is living with his dad for over half the year, not counting time he's at school, and it doesn't sound from your question like he does, his dad can't legally claim him as a dependent. To be claimed as a dependent child, your son would have to live with him; to be claimed as a dependent relative, your ex would have to provide over half of his support. It's pretty clear he doesn't do either, so is not allowed to claim him.
Your son can amend his returns for recent years, claiming himself. That will start the IRS looking at who really has the right to claim him - his dad doesn't, so he'd have to pay back whatever he saved in taxes by claiming him for recent years.
It's very possible that your ex's insurance won't let him carry your son on his insurance unless he's his dependent. That doesn't mean he HAS to claim your son, just means that if he does he's committing both tax AND insurance fraud.
2007-06-12 06:23:03 · answer #1 · answered by Judy 7 · 0⤊ 0⤋
Does your son work and does he pay his own way? If he provides his primary support then he should file and claim himself. Parents are able to claim dependants over the age of 18 as long as they are full time students and they pay the majority of their support. If you would like to get the most accurate advice you will need to contact a tax expert first. After obtaining accurate tax information you may need to contact your attorney.
2007-06-12 04:00:20 · answer #2 · answered by brotherlove@sbcglobal.net 4 · 1⤊ 0⤋
Sorry, but no way. I'd sign a petition to have it REMOVED from our money, though. The First Amendment clearly says: "Congress shall make no law respecting an establishment of religion" and putting any mention of deity on our money is doing just the opposite of that, is establishing religion. The same error would be made if what you wanted succeeded.
2016-05-18 01:08:12 · answer #3 · answered by ? 3 · 0⤊ 0⤋
He can claim the son if he provides the majority of the support or has custody. Since the son is over 18, he also needs the son's consent.
2007-06-12 03:55:53 · answer #4 · answered by lycurgus_the_lawgiver 3 · 1⤊ 1⤋
If your son has a job and lives in his own apartment and pays his own expenses, then he should be filing his own taxes and he is not a dependent of anyone.
2007-06-12 03:54:12 · answer #5 · answered by Mark S 5 · 1⤊ 0⤋
I have attached a link explaining "dependent" and what the criteria is for claiming a dependent.
2007-06-12 03:57:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋