O/T - Tax Question
When you have a child that is off the parenting plan (over 18 but a college student), do you still follow the parenting plan as to who gets the tax exemption, or does that agreement end when they age out of the parenting plan?
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According to the parenting
According to the parenting plan the ex claimed my daughter, but he had that modified to take her off as soon as she aged out.
Last year we both assisted her financially, pretty equally but I probably did a bit more. But he has now said he will not help her at all anymore (since last September), he will no longer pay any insurance or medical bills for her (which he and I had agreed we would pay till they are out of college), he is cutting all financial ties. He would not pay a $20 doctor bill but he now wants to claim her and get the exemption and college credit....hmmmm. I am furious!
That's pretty crappy of him.
That's pretty crappy of him. Just so you know, the tax credit goes to whoever files first. If you cannot reach an agreement with him, and he files with your DD's info attached, your return will be denied (or kicked back) by the IRS system if there is duplicate info for the same child already on file for the year. You can dispute it through the IRS if this happens, but it takes a very long time to get fixed, and your refund will be held up during that time as well.
If there is nothing in writing (from the courts or otherwise) that states who gets to claim these expenses and exemptions, and you feel you have contributed more, then file with those deductions. The worst that can happen is your ex disputes it, but your refund won't be held up or affected, and he'll have the burden of proof to show your return was erroneous. He'd have a pretty tough time proving that, especially if you have texts, letters, emails, or other correspondence from him saying that he "is done contributing financially" for your daughter.
Was the child a college
Was the child a college student the whole year? Or part?
Also, NO, the credit doesn't go to who files first. I read that all the time on here and it's just plain wrong. The credit goes to the parent who is legally eligible for it...and it can't be both.
(Actually, it's not even a credit. Those expire before the age of 18. It's a dependency exemption.)