topic Ex wife has "sole legal and primary physical custody of the minor children" in our decree. Son has since turned 18 and lives with me FT. Can I claim him as a dependent? in Get your taxes done using TurboTax

Ex wife has "sole legal and primary physical custody of the minor children" in our decree. Son has since turned 18 and lives with me FT. Can I claim him as a dependent?

Darren16 — Mon, 03 Jun 2019 20:23:14 GMT

When did he move in with you?

SweetieJean — Mon, 03 Jun 2019 20:23:15 GMT

When did he move in with you?

Did he turn 18 in 2017?

BobinCT — Mon, 03 Jun 2019 20:23:19 GMT

Did he turn 18 in 2017?

Yes, if he lived with you for more than half of 2017. If...

Hal_Al — Mon, 03 Jun 2019 20:23:20 GMT

Yes, if he lived with you for more than half of 2017.

If your ex files a competing return, claiming the child, the IRS will rule in your favor. They go by actual physical custody not legal custody.

You may be able to claim your son as a dependent if he me...

IreneS — Mon, 03 Jun 2019 20:23:22 GMT

You may be able to claim your son as a dependent if he meets the five tests for a qualifying child and a dependent--relationship, age, residency, support, and joint return.

1. Relationship - He's your son -- no problem there.

2. Age - A child must be:

Under age 19 at the end of the year;
A student under age 24 at the end of the year; or
Permanently and totally disabled at any time during the year, regardless of age.

3. Residency - Your child must have lived with you for more than half the year. [Being away at college is still considered living with you (for tax purposes).]

4. Support - The child can't have provided more than half of his or her own support for the year.

5. Joint return - To meet this test, the child can't file a joint return for the year.