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Can I claim my ex-spouse who moved into me due to disability. She did receive $13,000 from SSA and can I deduct for medical expenses that I paid?

 
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Hal_Al
Level 15

Can I claim my ex-spouse who moved into me due to disability. She did receive $13,000 from SSA and can I deduct for medical expenses that I paid?

Only if she lived with you all year. Even then you would have to meet the other dependent rules, primarily that you provided more than half her support.

A person can still be a standard dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:

1. Closely Related OR live with the taxpayer ALL year

2. His/her gross taxable income for the year must be less than $4,050 (2016-17)

3. The taxpayer must have provided more than 1/2 his support

4. He must be a US citizen or resident of the US, Canada or Mexico

5. He must not file a joint return with his spouse or be claiming a dependent of his own

6. He must not be the qualifying child of another taxpayer


 

Social security doesn't count as income, for the income test, but social security money he/she spends on her self does count as support not provided by you, for the support test. Money she puts into savings & investment does not count as support she spent on herself.  If no one person (or married couple) provides 50% of the support (for example her siblings are also sending support), then a "multiple support agreement” (IRS Form 2120) can be used, to allow you to claim the dependent. https://www.irs.gov/pub/irs-pdf/f2120.pdf

The IRS has a worksheet that can be used to help with the support calculation. See: http://apps.irs.gov/app/vita/content/globalmedia/teacher/worksheet_for_determining_support_4012.pdf 

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1 Reply
Hal_Al
Level 15

Can I claim my ex-spouse who moved into me due to disability. She did receive $13,000 from SSA and can I deduct for medical expenses that I paid?

Only if she lived with you all year. Even then you would have to meet the other dependent rules, primarily that you provided more than half her support.

A person can still be a standard dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:

1. Closely Related OR live with the taxpayer ALL year

2. His/her gross taxable income for the year must be less than $4,050 (2016-17)

3. The taxpayer must have provided more than 1/2 his support

4. He must be a US citizen or resident of the US, Canada or Mexico

5. He must not file a joint return with his spouse or be claiming a dependent of his own

6. He must not be the qualifying child of another taxpayer


 

Social security doesn't count as income, for the income test, but social security money he/she spends on her self does count as support not provided by you, for the support test. Money she puts into savings & investment does not count as support she spent on herself.  If no one person (or married couple) provides 50% of the support (for example her siblings are also sending support), then a "multiple support agreement” (IRS Form 2120) can be used, to allow you to claim the dependent. https://www.irs.gov/pub/irs-pdf/f2120.pdf

The IRS has a worksheet that can be used to help with the support calculation. See: http://apps.irs.gov/app/vita/content/globalmedia/teacher/worksheet_for_determining_support_4012.pdf 

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