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My daughter is a 19yr old full time college student.I financially support her.Her father says that he can claim her this year. She lives on campus and then me.Can he?

 
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My daughter is a 19yr old full time college student.I financially support her.Her father says that he can claim her this year. She lives on campus and then me.Can he?

You may be able to claim her on your tax return if she meets all the requirements under the Qualifying Child rules.

To be a Qualifying Child -

1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.

2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student or (c) any age and permanently and totally disabled.

3. The child must have lived with you for more than half of the year. Temporary absences while away at college are considered living with you.

4. The child must not have provided more than half of his or her own support for the year.

5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child. 

6. The child must be a U.S. citizen or U.S., Canada or Mexico resident for some portion of the year.

7. The child must be younger than you unless disabled.

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6 Replies
Hal_Al
Level 15

My daughter is a 19yr old full time college student.I financially support her.Her father says that he can claim her this year. She lives on campus and then me.Can he?

Why does the father say that he can claim her this year?
As others have explained, the IRS rules allow you to claim her, not him.
If there is a court order allowing him to claim her, the IRS will not follow that court order unless it is dated before 2009. His only recourse is to take you to court for sanctions or damages.

My daughter is a 19yr old full time college student.I financially support her.Her father says that he can claim her this year. She lives on campus and then me.Can he?

You may be able to claim her on your tax return if she meets all the requirements under the Qualifying Child rules.

To be a Qualifying Child -

1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.

2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student or (c) any age and permanently and totally disabled.

3. The child must have lived with you for more than half of the year. Temporary absences while away at college are considered living with you.

4. The child must not have provided more than half of his or her own support for the year.

5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child. 

6. The child must be a U.S. citizen or U.S., Canada or Mexico resident for some portion of the year.

7. The child must be younger than you unless disabled.

My daughter is a 19yr old full time college student.I financially support her.Her father says that he can claim her this year. She lives on campus and then me.Can he?

Thank you DoninGa.  She meets all those requirements for me.  She does not live with him nor is receiving any financial help from him

My daughter is a 19yr old full time college student.I financially support her.Her father says that he can claim her this year. She lives on campus and then me.Can he?

If he does claim her on his tax return and e-files the return before you, then you will have to print and mail your return.  You will not be able to e-file if another return has been received and accepted by the IRS with her SS number as a dependent.
You would still file your return with your daughter as a dependent and if you have a tax refund, the IRS will pay you the refund.  Within a year the IRS will send both you and the other party a letter questioning who should have claimed the daughter's exemption.  The loser of this investigation gets to repay any refund and pay penalties and interest.

My daughter is a 19yr old full time college student.I financially support her.Her father says that he can claim her this year. She lives on campus and then me.Can he?

Thanks!!!  You've been very helpful!!!

My daughter is a 19yr old full time college student.I financially support her.Her father says that he can claim her this year. She lives on campus and then me.Can he?

If he does claim as well, the IRS will send a form letter to both of you asking for documents that prove where she lived (or would have lived except for the temporary absence at school).  You may want to start saving documents in case.
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