Go Back   CDN Business Directory > Main Category > Taxes

 
 
Thread Tools Display Modes
  #1  
Old 02-12-2004, 08:29 AM
Harlan Lunsford
Guest
 
Posts: n/a
Default Re: Claiming dependent

Nan Eklund wrote:

- quote -

> Client has custody of daughter, age 20, full time student.
> Divorce several years ago and court gave dependency
> deduction to father. Father stopped paying child support
> when daughter hit 18.
> Client is trying to reach old attorney to find out whether
> or not divorce papers included Form 8332. If she signed it
> for all future years, is it still valid now?
> If she didn't sign it, can she claim the daughter since the
> father stopped the support?
> In fact, does the court order overrule the IRS? (Good question!)
> I hate these in-limbo situations.


Doubt mother will be succesful in finding out anything from
old attorney. But you never know.

In any event, I would file the return with mother claiming
the daughter (provided support test is met naturally).
Efile, and if rejected you will immediately know. then
you'll know how to proceed.

And yes, I DO think mother is entitled, since father doesn't
pay child support, so how could he possibly provide over
half support?

Cheer$,
Harlan Lunsford, EA n LA

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 
Old 02-12-2004, 07:51 AM
A.G. Kalman
Guest
 
Posts: n/a
Default Re: Claiming dependent

Nan Eklund wrote:

- quote -

> Client has custody of daughter, age 20, full time student.
> Divorce several years ago and court gave dependency
> deduction to father. Father stopped paying child support
> when daughter hit 18.
> Client is trying to reach old attorney to find out whether
> or not divorce papers included Form 8332. If she signed it
> for all future years, is it still valid now?
> If she didn't sign it, can she claim the daughter since the
> father stopped the support?
> In fact, does the court order overrule the IRS? (Good question!)
> I hate these in-limbo situations.


This issue has now popped up twice in the last week. It is my
view (no rulings exist on this issue as far as I can tell) that
once a child reaches the age of majority (emancipation) a Form
8332 loses its validity as the child would no longer be in the
custody of a parent. The exemption would go to the parent who
actually provided more than half the total support.

--
Alan
http://taxtopics.net

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #-1  
Old 02-11-2004, 12:42 PM
Nan Eklund
Guest
 
Posts: n/a
Default Claiming dependent

Client has custody of daughter, age 20, full time student.
Divorce several years ago and court gave dependency
deduction to father. Father stopped paying child support
when daughter hit 18.

Client is trying to reach old attorney to find out whether
or not divorce papers included Form 8332. If she signed it
for all future years, is it still valid now?

If she didn't sign it, can she claim the daughter since the
father stopped the support?

In fact, does the court order overrule the IRS? (Good question!)
I hate these in-limbo situations.

Nan, EA in LA

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

Tags
claiming, dependent
Similar Threads
Thread Forum Replies Last Post
"Exemption" Dependent vs. "Medical" Dependent
Victor Roberts: I just discovered something interesting that may be useful to other non-professionals like myself (assuming I am correct.) The general rule for...
Taxes 10 02-16-2004 06:10 PM
Can my ex-wife be my dependent
Joe Finer: My wife and I got divorced in January of 1998 and she gave me custody of our three children so she could go chasing rainbows. We did not hear a...
Taxes 13 02-05-2004 08:56 PM
Can be claimed as a dependent?
JBoDEAN: How do I know if I am claimed as a dependent? I am 25 yrs old, and not sure if my parents still do claim me or not. When does one NOT be claimed...
Taxes 13 01-27-2004 08:01 AM
Claiming a dependent question?
RW Buckley: My daughter goes to college full-time in another state. I am providing her sole support. She is 22 years old. She also has a new baby. She will not...
Taxes 8 11-11-2003 03:46 AM
Deduct education for non-dependent child?
Lawn Care Pro: Can I deduct educational expenses for my non-dependent child? I'm paying education expenses for my son, age 20, a full-time student. He is not my...
Taxes 5 08-09-2003 02:04 AM



Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

All times are GMT. The time now is 10:21 AM.