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Claim Dependant in Tennessee

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  • Claim Dependant in Tennessee

    My wife's decree states "father shall claim the parties' older child every year". The divorce was in 2004 when the oldest child was 17. The father claimed the oldest child for 2 years although he stopped paying child support on the oldest child when he turned 18 and has paid no expenses at all for the oldest child since then. The oldest child sees his father every two or three months. My wife has paid the education expense for two years of college and wants to claim him as a dependant so she can claim a tax credit on cashed e-bonds used for education.

    Does anyone know if in Tennessee the father can claim the oldest child once he reaches majority at 18 although the child lives with us?

  • #2
    Well, since very few file income taxes here in TN, it's really a Federal issue.

    You decree is based on him paying child support and really has no bearing once he stops... The IRS rules would override any sort of agreement. Try the irs.gov website, I believe they also have an answer hotline that you can ask questions such as this.

    The issue is who would the IRS side with. I would think they would side with whomever is paying for college.

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    • #3
      If the child support order is no longer in effect, then any terms or stipulations in that order are negated. He no longer has any right to claim the son as a dependent if the son is contributing at least 50% of his own support or HE (the ex) is NOT contributing at least 50% of support and the son does not live with him for at least 50% of the year. Your wife has the right to claim her son on taxes. If the father has already filed taxes and claimed him, your wife is going to have to hand file (E-file will not let you claim him) her tax return with documentation that she is supporting the son and a copy of the court order showing that the father is no longer being held legally liable for support and that the court order is now null and void.
      HOOK 'EM HORNS!!!
      How do you catch a very rare rabbit?
      (unique up on him)
      How do catch an ordinary rabbit?
      (same way)

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