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February 3, 2020
Question

My ex can claim our daughter for 2019 if he is caught up on child support. He says he has until 04/15/2020 to catch up to file for 2019? True or False?

  • February 3, 2020
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1 reply

ReginaM
February 3, 2020

To be claimed as a dependent, your daughter must:

  • Have been a U.S. citizen or resident, or a resident of Canada or Mexico for at least part of the year;
  • Received less than $4,050 gross income (except nontaxable Social Security benefits) in 2016;
  • Received more than 50% of their support from you (this is why incarcerated relatives almost never qualify);
  • Not be claimed as a dependent by another taxpayer;
  • Not file a joint return with another taxpayer.

In addition, children that were under 19 at the end of 2019 (24 if they attended school full time for at least part of five calendar months of the year) must have lived with you for more than half of the year to be claimed. There are special rules for children of divorced or separated parents and for persons receiving support from two or more individuals. 

 

You should review your court order from your divorce for any stipulations on whether your husband can claim your daughter or not.

 

For more information on if your ex-husband can claim your daughter or not, see IRS Publication 504.

 

 

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