Can I claim my child on my taxes if she is no longer a minor?

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Can I claim my child on my taxes if she is no longer a minor?

My ex-wife claims that she can this year, and I can’t. My child turned 18 in October and has always lived with her mom. She now is away at college. The divorce papers state I can claim this child on taxes. I have paid child support until she turned 18. My ex-wife claims because our divorce papers say that I can claim “this minor child”I can no longer take my 18-year old daughter as a deduction. My accountant said that I could claim her, but my ex wife has a letter from her lawyer stating she can. Who is right?

Asked on December 5, 2010 under Family Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are going to have to go and seek legal help in your are on this matter and bring with you your agreement.  I am thinking that the accountant is saying "yes" because you paid the child support up until she turned 18 and that was already three quarters of the tax year done.  The attorney is looking at it from a purely literal sense of the agreement.  I think that you need to ask someone who knows how the law will come down on the matter should it be pushed and you both claim her as a deduction when you file.  I would think that this year is still yours but again, you need to have someone read the agreement and the intent needs to be determined.  Good luck.


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