What can I do about my dependent?

[3189314f2fac]

Court so that I cannot claim her on federal income tax it doesn’t say who can claim her either she doesn’t live with her father she lives with her aunt I do pay child support to the to the aunt aunt

[Hal_Al · Accepted solution]

Q.  What can I do about my dependent?

A.  Nothing. An aunt is a close enough relative, that the child is considered the aunt's dependent. This is because the aunt is the relative the child lives with.  It does not matter that you are paying child support. 

There are two types of dependents, "Qualifying Children"(QC) and Other ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, student status, a relationship test and residence test. Only a QC qualifies a taxpayer for the Earned Income Credit and the Child Tax Credit. They are interrelated but the rules are different for each.

The support test is different for each type. The support test, for a QC, is only that the child didn't provide more than half his own support. The support test for a Qualifying Relative is that the taxpayer provided more than half the relative's support.

.A child closely related to a taxpayer can be a “Qualifying Child (QC)” dependent, regardless of the child's income, if:

1. He is under age 19, or under 24 if a full time student for at least 5 months of the year, or  is totally & permanently disabled
2. He did not provide more than 1/2 his own support
3. He lived with the relative (including temporary absences) for more than half the year
4. He is younger than the relative (not applicable for a disabled child)
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 (this essentially means that you have the parent’s permission to claim the child, if the child also lived with the parent more than half the year)
6. If the parents of a child can claim the child as a qualifying child but no parent so claims the child, no one else can claim the child as a qualifying child unless that person's adjusted gross income (AGI) is higher than the highest AGI of any of the child's parents who can claim the child.

See full dependent rules at: https://turbotax.intuit.com/tax-tools/tax-tips/Family/Rules-for-Claiming-a-Dependent-on-Your-Tax-Ret...

If you are asking about  a Qualifying Relative dependent (instead of a QC), see the separate rules there. 

[NCperson]

@3189314f2fac if the child lives with the aunt for more than 6 months of the year, the aunt can claim the child.

see this IRS APP; run it twice: the first time answer the questions for yourself and the 2nd time play the role of the aunt when answering the questions.

https://www.irs.gov/help/ita/whom-may-i-claim-as-a-dependent