Dependent for Tax but not for FAFSA?

[JimQ]

My wife and I are separated.  We each claimed one of our children on our 2018 tax returns, so we could both file HoH.  I claimed our daughter.  Our daughter goes off to college in fall 2020.  Can my wife, who earns significantly less than I do, claim her as her dependant on FAFSA?  We share custody and support them pretty evenly, and can work together for the benefit of our kids.

The way I see it:

1)she's my daughter

2)she's aUS citizen

3)she's not married

4)she paid less than half her living expenses

5)I share custody and can claim her

6)her mother didn't claim her

so she's my dependant for tax purposes, but:

I suspect our daughter spent a bit more time at my wife's, so she can be claimed as her dependant on FAFSA.

I'm not sure if it matters, but my wife claims our son in college, and filled out the FAFSA for him.

[rjs]

I don't see anything in the FAFSA that asks about dependents of the parent. Are you referring to the question that says "How many people are in your parents' household?" The instructions in the question tell you exactly who to count. It's not the same as dependents on the parent's tax return, and it doesn't use the word "dependent." According to the instructions, the student always counts, even if she doesn't live with the parent.

If your daughter spent more time at your ex-wife's home than at yours, you cannot claim your daughter as a dependent on your tax return unless your ex-wife gives you a signed Form 8332 allowing you to claim your daughter. Dependents on your tax return are determined by tax law, not by your divorce decree or any informal agreement. There is no such thing as shared custody in the tax law. The custodial parent is the one that the child lived with for the greater number of nights during the year. You can only claim your daughter as a dependent on your tax return if she lived with you for more nights during the year than she lived with your ex-wife, unless you have a signed Form 8332 from your ex.

[liliya1]

That's not entirely true.

The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree.