Tax dependent

I’m a little confused…is your ex still claiming him on for tax purposes? Does the custody agreement that you have specify an age where the tax deduction would no longer apply? Did your ex previously carry health insurance on him? If so, is he no longer covered by the ex?

If your ex is not claiming him on his taxes and he is still a full time student, you can claim him up to the age of 21 I believe. Your ex would have to take you to court for breech of contract for claiming him on your taxes since he is not listed as your dependent in the agreement. I’m not sure about retroactive tax filing…but I don’t think that would work. I think that would be a case of, if the courts allowed it, suing the ex for the money that he received using this child as a tax deduction. The IRS is would probably not go back to re-file both yours and your ex’s taxes…

My children are covered under the ex’s insurance, although the agreement was that they would be covered under mine. It was changed b/c he has other children now and a family plan that doesn’t cost any more for my kids to be added. Under the agreement the oldest child is his tax deduction as long as he is eligible. All of that assumed 50/50 custody though.

Carla LeFevre

Unfortunately there is no way to change the agreement retroactively.

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When I divorced, we settled on 50/50 custody, and we each claim one of the two children as a dependent for taxes. The oldest (not my “dependent”) came to live with me full time when he was 16. I did not push the tax deduction issue at the time because his father can be erratic and I also did not want him to try to get out of paying his half of college tuition (as specified in the agreement). I also didn’t want him to then try to change the order to claim my younger son. Now my oldest needs two surgeries (he is nineteen) and my ex has informed him he is on his own financially from here on, except for college expenses. I’m wondering whether I can go to court to have his tax dependency status changed retroactively, since he lives with me when he is not at school and I pay all his non-college-related expenses.