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New Member
posted Mar 7, 2020 11:54:14 AM

Child support and paying half there expenses. Does paying child support qualify as me paying half his expenses?

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3 Replies
Expert Alumni
Mar 7, 2020 12:18:57 PM

Probably not.

 

To meet the residency test, your child must have lived with you for more than half the year.

 

There are exceptions for temporary absences, children who were born or died during the year, kidnapped children, and children of divorced or separated parents.

 

In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true.

  1. The parents:

    1. Are divorced or legally separated under a decree of divorce or separate maintenance,

    2. Are separated under a written separation agreement, or

    3. Lived apart at all times during the last 6 months of the year, whether or not they are or were married.

  2. The child received over half of his or her support for the year from the parents.

  3. The child is in the custody of one or both parents for more than half of the year.

  4. Either of the following statements is true.

    1. The custodial parent signs a written declaration, discussed later, that he or she won't claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration to his or her return. (If the decree or agreement went into effect after 1984 and before 2009, see Post-1984 and pre-2009 divorce decree or separation agreement , later. If the decree or agreement went into effect after 2008, see Post-2008 divorce decree or separation agreement , later.)

    2. A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2019 states that the noncustodial parent can claim the child as a dependent, the decree or agreement wasn't changed after 1984 to say the noncustodial parent can't claim the child as a dependent, and the noncustodial parent provides at least $600 for the child's support during the year.

 

New Member
Mar 7, 2020 12:23:23 PM

Hello. Probably not is not a definitive answer.  I mean, if i pay X amount for my child thats not living with me. Im paying his expensive. I buy most of the clothes, shoes etc. I pay a large amount to child support. This question is so vague and confusing to be honest. 

Expert Alumni
Mar 7, 2020 12:30:20 PM

To claim an qualifying child you must be able to answer "yes" to all of the following questions.

  • Are they related to you? The child can be your son, daughter, stepchild, eligible foster child, brother, sister, half brother, half sister, stepbrother, stepsister, adopted child or an offspring of any of them.
  • Do they meet the age requirement? Your child must be under age 19 or, if a full-time student, under age 24. There is no age limit if your child is permanently and totally disabled.
  • Do they live with you? Your child must live with you for more than half the year, but several exceptions apply.
  • Do you financially support them? Your child may have a job, but that job cannot provide more than half of her support.
  • Are you the only person claiming them? This requirement commonly applies to children of divorced parents.

This link Rules for Claiming a Dependent on Your Tax Return has information you may find helpful.