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My son attends college. Lives with mom 5 months out of year. I pay living expenses. He filed his taxes. He’s 19. Can I still get dependent credit like last year?

I pay his  living expenses away from. My efile got rejected due to his social security # used. I claimed him last year why not this year. He also filed last year too.
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Hal_Al
Level 15

My son attends college. Lives with mom 5 months out of year. I pay living expenses. He filed his taxes. He’s 19. Can I still get dependent credit like last year?

"My son attends college. Lives with mom 5 months out of year" implies that the Mom is the custodial parent and you cannot claim the child without her permission.

The custodial parent has first priority on claiming the children on her taxes; regardless of the amount of support provided by the non-custodial parent. The IRS goes by physical custody, not legal custody. 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.  Even if a divorce decree, dated after 2008, gives the non-custodial parent the right to claim the child, he must still get form 8332 from the custodial parent. A properly worded decree should require her to provide that form. https://www.irs.gov/pub/irs-pdf/f8332.pdf


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3 Replies

My son attends college. Lives with mom 5 months out of year. I pay living expenses. He filed his taxes. He’s 19. Can I still get dependent credit like last year?

"my efile got rejected due to his social security $ used"
That sentence is not clear.   Is that saying that his SSN has already been used on another return?  

Have you interrogated your son to see if he mistakenly claimed himself on his return?  

Or is there anyone else who could have claimed him, like an Ex?   You wrote:  "Lives with Mom 5 months of year".   Does she file her own return, and did she claim him?

Who provides the bulk of the son's support throughout the year?

When you answer those, hopefully someone familiar with dependent situations can further advise you, or we can find someone.  There are not many people in the user forum in the middle of the night, however.

My son attends college. Lives with mom 5 months out of year. I pay living expenses. He filed his taxes. He’s 19. Can I still get dependent credit like last year?

Please answer all the questions I asked above.  I'm going to see if I can request one of the SuperUsers @Hal_Al to help you with this in the morning.
Hal_Al
Level 15

My son attends college. Lives with mom 5 months out of year. I pay living expenses. He filed his taxes. He’s 19. Can I still get dependent credit like last year?

"My son attends college. Lives with mom 5 months out of year" implies that the Mom is the custodial parent and you cannot claim the child without her permission.

The custodial parent has first priority on claiming the children on her taxes; regardless of the amount of support provided by the non-custodial parent. The IRS goes by physical custody, not legal custody. 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.  Even if a divorce decree, dated after 2008, gives the non-custodial parent the right to claim the child, he must still get form 8332 from the custodial parent. A properly worded decree should require her to provide that form. https://www.irs.gov/pub/irs-pdf/f8332.pdf


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