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On agreement, 2018 would be ex's year to claim daughter. She turned 18 on June 6. She's in college and resided with me 100% beginning on June 1st. Who can claim her?

Physical custody was shared Jan-May, but her permanent full-time residence was with me starting June 1st. She is away at college though. Since she turned 18 on June 6th, and was emancipated for more than half the year, did the agreement expire as well and she is now treated under the qualifying child standard rather than divorced parents custodial standard, which I think gives me the right to claim since she "resided" with me more than half of the year?

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DanielV01
Expert Alumni

On agreement, 2018 would be ex's year to claim daughter. She turned 18 on June 6. She's in college and resided with me 100% beginning on June 1st. Who can claim her?

She's emancipated once she turns 18, which means that divorce decrees and Form 8332 no longer apply.  Since she was with you for more than half of the year, if she qualifies to be your dependent, only you may claim her no matter what the divorce decree states.

Being away at college is a temporary absence.  She is still considered to live with you.

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DanielV01
Expert Alumni

On agreement, 2018 would be ex's year to claim daughter. She turned 18 on June 6. She's in college and resided with me 100% beginning on June 1st. Who can claim her?

She's emancipated once she turns 18, which means that divorce decrees and Form 8332 no longer apply.  Since she was with you for more than half of the year, if she qualifies to be your dependent, only you may claim her no matter what the divorce decree states.

Being away at college is a temporary absence.  She is still considered to live with you.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

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