I’m really confused after looking at my MSA. I have two daughters—one just turned 18 in August, and the other is 13. My ex filed to reduce his child support for the youngest, and the court granted it in September. My oldest is in college full time, but he stopped paying child support in September. Can he still claim her as a dependent on his taxes? What does the MSA say about this? Anyone dealt with something similar?
Yeah, I went through something similar. Once your oldest is 18 and in college, your ex probably can’t claim her anymore, especially since he stopped paying child support. The IRS has rules about dependents, so if she’s in school, it could be a different case, but if he’s not supporting her, it might be a no-go.
@Samantha
I agree. Full-time students can be claimed by a parent, but only if the parent is supporting them. Since he’s not paying child support, that might be a problem for him claiming her. You might need to talk to a lawyer about it.
@Samantha
Exactly! It’s all about support and living arrangements. If your oldest isn’t primarily living with him or he isn’t supporting her, then he can’t claim her. I’d double-check the IRS rules, though, to be sure.
I think your ex is trying to pull a fast one with the IRS, especially if he stopped paying support for the oldest. I’d ask your lawyer to get involved and clear this up. No way he should be getting tax benefits if he’s not helping financially.
@FamilyLawFred
Yeah, it’s frustrating, right? Some people will try anything. A lawyer will definitely help get this sorted out.
@FamilyLawFred
Exactly, especially since it sounds like the MSA is pretty clear about who gets the dependents. Your ex might have to forfeit that right if he’s not following through with child support.
It sounds like he can’t claim your oldest since she’s 18 now, and he’s not paying child support for her. If she’s full-time in college, you might be able to claim her instead, even though she’s over 18. I would check with your lawyer to make sure you’re following the rules properly!
@BrianCopland
Thanks for the advice! I guess I need to make sure everything’s covered and ask my lawyer about it.
@BrianCopland
Definitely. You don’t want any surprises when it comes to taxes. A quick chat with your lawyer could save you a lot of trouble.
Sounds like you’re on the right track. If the support stopped in September and he’s not paying for her, he can’t claim her as a dependent. I would let your lawyer handle it. The IRS won’t let him get away with it if it’s not legit.
@AlimonyAdvocates1
Yeah, he’s definitely playing with fire if he’s not supporting her but still trying to claim her. The IRS might catch on pretty quick if he’s not careful.
@AlimonyAdvocates1
For sure. A lot of people try to claim kids when they’re not eligible, but they usually get caught eventually. Your lawyer will help clear this up.