Q: Can my ex still claim my 21 year old son as a dependent on his taxes?
Per our divorce papers my ex husband was claiming my son on his taxes. My son is 21 now, lives with me full time, goes to college part time and works. Can I claim my son as a dependent. My ex says no because of the divorce papers but my son is an adult now? Help
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A:
As your son is now 21 years old and living with you full time while attending college and working, you may be able to claim him as a dependent on your taxes, regardless of what is stated in your divorce papers. The Internal Revenue Service (IRS) has specific rules for claiming dependents, including age requirements and residency, among other factors.
To claim your son as a dependent, he must meet certain criteria such as being a U.S. citizen or resident, having a valid Social Security number, and not providing more than half of his own support during the year. If your son meets these criteria and you provided more than half of his support during the year, you may be eligible to claim him as a dependent.
It is important to note that if your ex-husband has already claimed your son as a dependent on his taxes, this may result in a dispute with the IRS. In such cases, it may be necessary to provide documentation to support your claim and resolve any issues with the IRS.
You may wish to consult with a tax professional or attorney who specializes in family law to help navigate this situation and ensure that you are following all applicable laws and regulations. They can also assist in resolving any disputes with the IRS related to claiming your son as a dependent.
In conclusion, if your son meets the criteria for being claimed as a dependent on your taxes and you provided more than half of his support during the year, you may be able to claim him as a dependent, regardless of what is stated in your divorce papers. It may be helpful to consult with a tax professional or attorney to navigate this situation and ensure that you are following all applicable laws and regulations.
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