Legal Question in Family Law in Virginia

Claiming dependents who are married

My husband and I are trying to claim my disabled mother as a dependent since we meet all her needs besides her disability check. My parents are seperated and my dad contintues to claim her although they haven't even lived in the same country for 2 years. Do spouses automatically get to claim their spouse even if he has abandoned her? We are the ones who are taking care of all her needs and we can use the tax break. Is it tax fraud to claim someone as a dependent who you provide no shelter, no money or any kind of support to? We have documentation of our providing for her and my dad does not at all. Does their marriage supersede all we've done for her?


Asked on 3/06/09, 3:34 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Claiming dependents who are married

A spouse may not claim his or her spouse as a dependent for federal tax purposes unless the dependent person has actually resided in the claimant's home for more than 180 days during the tax year at issue as outlined in the instructions

for claiming a dependency deduction on Form 1040.

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Answered on 3/06/09, 7:42 pm


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