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Asked 1/25/2012

Dependents

My daughter (20) was married but she seperated last year (divorce is final now) and moved her and my granddaughter back in with me, she is a full time student. Can I claim them on taxes if he had them taken out as deductions from his paycheck?

 
 
 
 
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Answer 1/2 - Submitted 1/25/2012

His deductions don't have a thing to do with your being able to claim them as dependents or not.

What date did they move in with you and when was the divorce finalized?

Has she been a full time student all year, or did she start in the fall or the current spring semester?

 
 

Answer 2/2 - Submitted 1/25/2012

The ex-husbands deductions are irrelevent for whether you can claim your daughter and grandchild. The criteria for claiming dependents are four requirements: 1. relationship, 2 .residence, 3.age, and 4. support.

Since your daughter is twenty, she would need to be a full time student (minimum 5 months). I am assuming that you have provided over half of her support for the year.

If so, I would say that you are able to claim both your daughter and grandchild as dependents, with all the related tax benefits.

Internal Revenue Service publication 501 for all the information:
http://www.irs.gov/publications/p501/ar02.html

 
 
 
 
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