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posted Feb 21, 2023 10:08:57 AM

If you have children but can’t claim them , should I put them on my tax return as defendants ?

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1 Replies
Expert Alumni
Feb 21, 2023 10:26:17 AM

No, only include them if you can claim them as dependents.  For future reference, to claim a child as a dependent, (what the IRS calls a 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's 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.  When the child lives with you, you are considered the custodial parent.
  • Do you financially support them? Your child may have a job, but they cannot provide more than half of their own support.

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