@Ericaramos wrote:
My step son turned 18 in July last year, and has lived with us 78% of the time since 2023 according to an updated order by child support. The original divorce decree states t...
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@Ericaramos wrote:
My step son turned 18 in July last year, and has lived with us 78% of the time since 2023 according to an updated order by child support. The original divorce decree states they claim every other year which we did. The ex said she plans to claim him this year, but he lived with us the majority of the time last year, so we claimed him. We have court documented proof that he’s lived with us majority of the time (specifically 78% of the time), as well as a FAFSA form my husband fills out stating he lived with us. Were we correct in claiming him? How much recourse does she really have? He’s 18, but half the year he was 17, and graduated high school June last year, so doesn’t that make the original court order also invalid?
There are two points here.
First, because the child lived in your home more than half the year, you have the automatic right to claim the child (as mentioned above and by the expert).
Second, the special rules for children of divorced and separated parents (that would allow your ex to claim the child if you gave them a signed waiver) stop applying when the child reaches majority, which is age 18 in most states. So the special rules go away, and you revert to the standard rules which are based on residency as already explained.
If this conflicts with the court order, your ex could go to the court, in which case your attorney might explain that the special rules do not apply after the 18th birthday and there is no legal way your ex could claim your child on a federal tax return that follows federal law. It's always dicey to go against a court order, and some judges are not well informed about tax law regarding dependents, so you might want separate legal advice. But I don't see any way your ex can legally claim your child this year.