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joep8899
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Can I use an IRA withdrawal without penalty to pay tuition expenses for my son in years that I cannot claim him as a dependent due to divorce decree?

 
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dmertz
Level 15

Can I use an IRA withdrawal without penalty to pay tuition expenses for my son in years that I cannot claim him as a dependent due to divorce decree?

Yes, paying higher education expenses for your son is an exception to the early-distribution penalty.  Being your dependent is not a requirement to be able to use this penalty exception.

https://www.irs.gov/publications/p590b#en_US_2017_publink1000230919

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dmertz
Level 15

Can I use an IRA withdrawal without penalty to pay tuition expenses for my son in years that I cannot claim him as a dependent due to divorce decree?

Yes, paying higher education expenses for your son is an exception to the early-distribution penalty.  Being your dependent is not a requirement to be able to use this penalty exception.

https://www.irs.gov/publications/p590b#en_US_2017_publink1000230919

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