Legal Question in Family Law in Florida
child deduction
I have two children 17 and 19, my ex has claimed the 19 yr old, but this year he claimed the 17 yr old. because he did not have the 19yr olds s.s. number. in the divorce decree it states that he can claim the older child. i filed and my taxes got rejected because my ex claimed the younger child. is this legal. and can he still claim the 19 yr old. he does not pay any child support for him or help with college expenses.
1 Answer from Attorneys
Re: child deduction
The IRS has specific guidelines concerning who can claim children of divorce regardless of the final decrees. First, each one of you must determine whether he or she can claim the 19 year old in the first place. You must follow the guidelines to see if he qualifies as a dependent. If he does, normally, the parent with whom he lives can claim the exemption. However, if the other parent provides more than 50% of the support, the first parent must sign a specific IRS form to disclaim the exemption. If you go to the IRS website and do a search, you will get very simple explainations and instructions.
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