Hello LeonelR,
Congratulations on have a new baby! Thank you for your question.
As the payer of child support, you may be eligible to claim your other 2 children as dependents. However, paying child support does not entitle you to claim them as dependents. Typically, you claim them as dependents if the children lived with you most of the year and you are considered the custodial parent for Federal Tax purposes. If you are the non-custodial parent you may also be eligible, if you meet the criteria (see below). Due the residency test, a child of divorced or separated parents is the qualifying child
of the custodial parent. However, the child will be treated as the qualifying child (for the purposes of
claiming a dependency exemption and the child tax credit, but not for the earned income credit) of the
noncustodial parent if all four of the following statements are true:
1. The parents:
a. are divorced or legally separated under a decree of divorce or separate maintenance,
b. are separated under a written separation agreement, or
c. lived apart at all times during the last 6 months of the year, whether or not they are or were married.
2. The child received over half of his or her support for the year from the parents.
3. The child is in the custody of one or both parents for more than half of the year.
4. The noncustodial parent attaches a Form 8332, or similar statement containing the same information
required by the form, to his or her return. The form must be signed by the custodial parent. (See
special rules in Publication 17 for a pre-1985 or post-1984 and pre-2009 divorce decree or separation
agreement.)
See Publication 17 for additional rules for claiming an exemption for a dependent.
In terms of claiming your father as a dependent, there are special tax rules for parents. As with most tax related items, you will need to meet some requirements. Here are the main areas to consider.
- Is supported (more than 50%) by you
- Residency and Relationship
- Earned less than $4,300 of gross (total) income
- Is not a qualifying dependent of anyone else
You can also refer to this link for additional details. https://blog.turbotax.intuit.com/tax-deductions-and-credits-2/family/can-you-claim-a-parent-as-a-dep...
As an American Expat, you are still eligible for Child Tax Credits.
Additionally, although you live in Mexico, you are still required to report all worldwide income in the US.
Since you are a U.S. citizen living in Mexico, make sure to fill out and file the usual IRS Form 1040, U.S. Individual Income Tax Return, just as if you were still in the United States.
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