storkie
recently joined
Reged: 04/14/11
Posts: 1
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My son turned 18 on November 19, 2010. My ex and I have a divorce agreement that we alternate tax years he gets even years I get odd.
Question, since my son turned 18 in 2010, the divorce agreement is no longer abiding right? Our agreement states nothing about continue until graduates school, age or anything. Very generic just says we alternate years even and odd.
So, can I claim him since he is 18 and lived with me the entire year, or since he was 18 90% of 2010 the father still gets to claim him one last time?
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BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3049
Loc: VA for 21 years, NC forever!
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I'd say that his father gets to claim him for 2010 -- after that, the IRS regulations would come into play. They lay out how much income he has to make before being required to file a return, who can claim him, etc. If he continues to live with you, then you are entitled to the deduction -- that's what I'd think anyway.
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26787
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I would follow the schedule up until he claims himself. Whoever claimed for 2009, the other for 2010. I would also consider it in effect, as long as the support order is in effect.
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