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christimorrison
New Member

We were alternating years claiming our son on taxes, Can my ex claim our son on his taxes after child support has ended? Son is 22, full time student living with me.

Divorce decree ordered alternating years on taxes.

Ex has not paid support in over a year, since my son turned 21.

My son has lived with me full time and commutes to college where he is a full time student.

Both parents pay 1/2 tuition. Ex has son on his insurance.

3 Replies
TomD8
Level 15

We were alternating years claiming our son on taxes, Can my ex claim our son on his taxes after child support has ended? Son is 22, full time student living with me.

The IRS does not enforce local court orders.  If you provided over half of his support for 2018 and he otherwise qualifies to be claimed as a dependent, you can claim him.  

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
christimorrison
New Member

We were alternating years claiming our son on taxes, Can my ex claim our son on his taxes after child support has ended? Son is 22, full time student living with me.

His dad  claimed him before I got a chance, but I didn't think he could. I was advised to go ahead and file on paper with my son as a dependent and that letters would be sent out requiring one of us to take him off of our return. I just was wondering if he could even claim him since he didn't provide support and my son didn't live with him at all. Any thoughts?
Anonymous
Not applicable

We were alternating years claiming our son on taxes, Can my ex claim our son on his taxes after child support has ended? Son is 22, full time student living with me.

as stated the IRS will send notices to both asking to amend.  if no one does,  next comes a letter from IRS asking each to prove they are entitled.    then the IRS makes a decision based on what is submitted. the one qualified keeps the dependent the other gets a bill.  based on what you have provided, you should get the exemption.  there is no way to prevent your ex from claiming even if he isn't entitled - happens 1000's of times each year. 

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