AmyC
Expert Alumni

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The laws for claiming a child based on a divorce decree are different. Now that the divorce decree doesn't speak to college, you will have to go by the IRS rules.

 

 While the child is at college, they are considered to live at home with parent since college is a temporary absence -which is why Vanessa was asking about "where does the child go" when not in school. 

You said you don't support the child, verify that with the IRS Worksheet for Determining Support. If you don't support the child, you will not claim the child.

 

If you could claim the child as a dependent, you certainly don't want to claim the child and have them lose in state tuition. You will need to verify:

  • did the child already file and claim themself, 
  • will you claiming the child affect their residency, any 
  • other concerns your or the child or the other parent have.

The IRS has a quick quiz to help, Dependent - Who can I claim?

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