Per the IRS, you can claim the deduction if all of the following apply:
- You paid interest on a qualified student loan in tax year 2019;
- You're legally obligated to pay interest on a qualified student loan;
- Your filing status isn't married filing separately;
- Your MAGI is less than a specified amount which is set annually; and
- You or your spouse, if filing jointly, can't be claimed as dependents on someone else's return.
The second one is the big question. If the mom was the only one on the loan and legally obligated to pay, then she would be the only one allowed to take the deduction.
IRS Student Loan Interest Deduction
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