My husband and I recently separated he is saying he can claim our son but he resides with me at my parents, when my husband and I were together he lived here as well.

[jennifermichaelb]

I need to know if my parents or myself can claim him instead. My husband no longer supports the child in any way and even when he did my parents provided more than half because we are young and I am in college and he has a minimum wage job. 

[CathiM · Accepted solution]

Your parents may be the ones who qualify to claim you and your son. To qualify to claim someone as a dependent, they must meet these requirements:

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 and younger than you (or your spouse, if filing jointly), (b) under age 24 at the end of the year, a student, and younger than you (or your spouse, if filing jointly), or (c) any age if permanently and totally disabled.

3. The child must have lived with you for more than half of the year.

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

5. The child must not be filing a joint return for the year

In addition:

1. You can’t claim any dependents if you (or your spouse, if filing jointly) could be claimed as a dependent by another taxpayer.
2. You can’t claim a married person who files a joint return as a dependent unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid.
3. You can’t claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.

If the child meets the rules to be a qualifying child of more than one person, only one person can actually treat the child as a qualifying child. See Qualifying Child of More Than One Person to find out which person is the person entitled to claim the child as a qualifying child. 

[5Rings]

all of the above info is correct. I can’t stress enough, only one person can claim your son. You can make an agreement on who claims him in the years to come, but there is a form that would need to be submitted to the IRS if so. Look into Form 8332. Good luck.