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delta3504 
LSU Fan
Baton Rouge
Member since Mar 2009
1377 posts
| Tax Question (Posted on 1/9/13 at 9:18 am)
I have a son who is in college and an ex-wife who insists on claiming him as a dependent. I have financial records stating that I have been his supporter for this past year while he is away in college. I have the records stating that I have deposited upwards of $7000 into his account and the ex-wife is no where near this amount. Can I claim him? She has custody of the kids, but he is no longer living at the house. He is in the dorm.
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JonTheTigerFan
LSU Fan
Zachary, LA
Member since Nov 2003
4241 posts
| re: Tax Question (Posted on 1/9/13 at 9:45 am to delta3504)
If you don't have an arrangement in your divorce papers stating who will claim him, then whoever files first and claims him will most likely win out.
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wfallstiger
LSU Fan
Wichita Falls, Texas
Member since Jun 2006
529 posts
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Let him file his own return and claim himself and that settles the matter
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Poodlebrain
LSU Fan
Way Right of Rex
Member since Jan 2004
12698 posts
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| re: Tax Question (Posted on 1/9/13 at 10:00 am to delta3504)
quote:
She has custody of the kids, but he is no longer living at the house. He is in the dorm.
Unless he spends over 50% of the nights he is not at school in your home she gets the claim for the dependent exemption. These are tricky issues since you could still be entitled to a deduction or credit for the money you paid for his college despite not claiming him as a dependent. My advice would be for you to go see a CPA with your ex-wife and ask him to figure out the solution that results in the lowest combined tax and compare it with the staus quo solution. If the savings are significant, and they could be significant if your filing status could change from single to head of household, then you negotiate how to split the savings, and everyone benefits.
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iwasthere
LSU Fan
New Orleans
Member since Jul 2010
650 posts
| re: Tax Question (Posted on 1/9/13 at 10:44 am to Poodlebrain)
Well, it is something that will have to be looked at. If the child is 18 or over, usually custody has ended. It could then go to whomever supports him the most.
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11thACR
Appalachian St. Fan
Georgia
Member since Mar 2012
239 posts
| re: Tax Question (Posted on 1/14/13 at 7:31 pm to iwasthere)
Which one of you have claimed him in the recent past ?
Who provides his medical insurance ?
Who is in the higher tax bracket ?
If your claiming him is a change, best cordinate with your X.
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matthew25 
Ole Miss Fan
Member since Jun 2012
1529 posts
| re: Tax Question (Posted on 1/14/13 at 10:45 pm to 11thACR)
OP - Poodlebrain is the TD expert on tax matters. Email him and set up an appointment.
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