What is the definition of children to the IRS?
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What is the definition of children to the IRS?
I have been divorced since 10-17-07. My children are 20 and 22 years ol and full-time students. Upon divorce my oldest was emancipated and I received child support for my youngest until she graduated from high school. I was ordered full custody and they reside with me full-time. My decree reads my that my ex can claim all tax exemptions for the children. We have shared paying their college tuition, but the rest of living expenses are mine. I was not able to claim tuition because of my income and now I have a large debt cause of their expenses.
Asked on October 30, 2010 under Family Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Ok, I see the problem. Your divorce decree states that your husband takes the tax deductions for the kids but he no longer pays any support and they still live with you and you incur their living expenses without help or benefits. So you need to do two things: go and see an accountant to formulate what you would be able to deduct in to a valid argument that you will make to the court to go and modify your divorce decree. You need to either get the deduction OR ask that you receive additional support. Does you decree deal with college at all? That may be an obstacle you have to overcome as well. Good luck.
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