Can my ex claim my 18 year old if he only paid child support for 5 months of the year?

[larsen6141]

My divorce agreement had my ex and I alternating tax years. His turn is for the year of 2016. However child support ended in May when she turned 18 and she lived with me 100% of 2016. Can he still claim her on his taxes?

[Bsch4477 · Accepted solution]

According to IRS rules, if the child lives with you, you get the dependency exemption unless you give the ex permission to have it by giving him a signed form 8332.  The amount of child support is irrelevant.  Of course, if it is his turn to claim the child based on a legal agreement, he could sue you for breach of contract it you violate that agreement.

[TomD8]

Payment of child support has nothing to do with having the right to claim a dependent.  The custodial parent has the right to claim a dependent child.  The IRS defines "custodial parent" as the parent with whom the child spent the greater number of nights during the tax year.  The non-custodial parent may not claim the child without a written release from the custodial parent using Form 8332 or equivalent.  Sometimes the custodial parent is required to give up their right because of a court order. 

Bottom line: Your ex can claim her (assuming she otherwise qualifies to be claimed as his dependent), but you'd have to give him a Form 8332.  https://www.irs.gov/uac/form-8332-release-revocation-of-release-of-claim-to-exemption-for-child-by-c...

[libertygb]

Hi there @larsen6141 , I was wondering what your outcome was?  I am in the same situation.  Thanks

[larsen6141]

I found out he could not claim her as I ended up paying more for her support and care that year. There are forms on the irs site to help you figuire it out.

[Mike9241]

if he claimed the child and submitted his return, when you go to e-file you may find your return will be rejected if he filed first. the rejection notice from the IRS will give a code that indicates this is the case.  ypu'll have to paper file.  if you were the custodial parent for more than 183 days, your ex can not legally claim the child unless you furnish him with a signed form 8332.  since you are both the child's parent, the support is not that either of you contributed more than 50% of the child's support but that the child did not furnish over 50% of his own support.