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matilda
Pooh-Bah

Reged: 11/11/04
Posts: 2087

Who can claim child on taxes if in mental hospital

#338310 - 12/30/07 09:46 PM

Can a parent still claim a child on their federal taxes if the child spent more than 6 months in a residential mental facility? The custodial parent didn't pay for any of the costs for the child's care and kept the child support.

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DECNJ
recently joined

Reged: 12/31/07
Posts: 5
Loc: NJ, USA

Re: Who can claim child on taxes if in mental hospital

[Re: matilda]
#338398 - 12/31/07 09:09 AM

My advice would be to claim the dependent, and if audited, know there is a slight chance for a reversal. But, the great thing about our tax code is that we are self-reporting - we tell Uncle Sam what we owe. It's only after you are selected for an audit and the auditor finds an error that you have to pay what you "should have" paid in the first place.

For more info on dependency exemptions, visit my website - www.FreedomTaxPlanning.com.

--------------------
Noah B. Rosenfarb, CPA, ABV, PFS, CDFA
www.DECNJ.org - Education for Divorcing Women

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irsfixer
newbie

Reged: 06/13/07
Posts: 49
Loc: Houston

Re: Who can claim child on taxes if in mental hospital

[Re: DECNJ]
#339497 - 01/02/08 11:07 PM

I agree that the child can be claimed, assuming all other requirements are met, but not because you might win the audit lottery. I believe the stay in the mental hospital would be considered a temporary absence like school.

--------------------
Mike Wellman
http://irsos.com

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matilda
Pooh-Bah

Reged: 11/11/04
Posts: 2087

Re: Who can claim child on taxes if in mental hosp

[Re: irsfixer]
#339504 - 01/02/08 11:55 PM

Do you think a CP would still be eligible to claim the EIC credit if the child didn't live with the parent, but a a mental hospital for over 6 months? CP is not paying for any of the hospitalization, the state is paying the entire bill. Hospitalization was court ordered by a judge.

Also would CP be able to claim HOH if child didn't reside with CP for over 6 months and didn't provide for the child financially during that time?

Edited by matilda (01/02/08 11:56 PM)

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