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Do I still need a Form 8332, my child is 19 years old and per family court all custody issues are terminated when child turns 18

Reposting as I did not receive any response and this forum platform is so confusing...can't tell how to get back to my post...anyway...here it goes

 

Do I still need a Form 8332, my child is 19 years old and per family court all custody issues are terminated when child turns 18.

 

I am divorced and was the non-custodial parent and had a Form 8332 that expired on the day my daughter turned 18. For the current taxes (to be filed by April 15, 2024) for reasons linked to Student Financial Aid it would be better for me to claim my child as a dependent and the child who is now 19 wants me to claim as it puts them at an advantage for Financial Aid purposes. Do I still need a Form 8332 Release/Revoc

Do I still need a Form 8332. I am divorced and was the non-custodial parent and had a Form 8332 that expired on the day my daughter turned 18. For the current taxes (to be filed by April 15, 2024) for reasons linked to Student Financial Aid it would be better for me to claim my child as a dependent and the child who is now 19 wants me to claim as it puts them at an advantage for Financial Aid purposes. Do I still need a Form 8332 Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent because all "custody" issues terminated when the child turned 18 per the Family court. 

 

Thank you in advance and appreciate your response and guidance. If the answer is I don't need it because the child is an "adult now"...wondering if TurboTax will fix this as they clearly have the name and dob of the child/dependent in the database as was preparing my taxes.

ation of Release of Claim to Exemption for Child by Custodial Parent because all "custody" issues terminated when the child turned 18 per the Family court. 

 

Thank you in advance and appreciate your response and guidance. If the answer is I don't need it because the child is an "adult now"...wondering if TurboTax will fix this as they clearly have the name and dob of the child/dependent in the database as was preparing my taxes.

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1 Reply
LeticiaF1
Expert Alumni

Do I still need a Form 8332, my child is 19 years old and per family court all custody issues are terminated when child turns 18

Here is what DMarkM1 replied on your previous post:

 

As long as someone else (ex spouse) is not claiming your child, you don't need a form 8332.  Your daughter does however need to meet the tests to be your dependent whether as qualifying child or qualifying relative (see tests below extracted from Publication 501).

 

Qualifying Child Tests:

 

  1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, or stepsister, or a descendant of any of them.
  2. The child must be (a) under age 19 at the end of the year and younger than you (or your spouse if filing jointly); (b) under age 24 at the end of the year, a student, and younger than you (or your spouse if filing jointly); or (c) any age if permanently and totally disabled. (Must be full-time student for any part of at least 5 months in the tax year)
  3. The child must have lived with you for more than half of the year (absences to attend school or vacations count as time with the parent).
  4. The child must not have provided more than half of the child’s own support for the year.
  5. The child must not be filing a joint return for the year (unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid).

Qualifying Relative Tests:

 

  1. The person can't be your qualifying child or the qualifying child of any other taxpayer.
  2. The person either (a) must be related to you in one of the ways listed under Relatives who don't have to live with you, or (b) must live with you all year as a member of your household (and your relationship must not violate local law).
  3. The person's gross income for the year must be less than $4,700.
  4. You must provide more than half of the person's total support for the year.

If your ex spouse does intend to claim your daughter then the tiebreaker rules for children of divorced parents apply.  The custodial parent will get the credit. 

 

Generally, whoever your daughter spent the most nights with when not at school will be the determining factor. You will need to answer the dependent questions to indicate your daughter lived with you more than 6 months (time away for school counts as parent time) and spent the most nights with you and there is no 8332 agreement.  


To see your previous post click here.  

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