Can my ex-wife be my dependent

Discussion in 'Tax' started by Joe Finer, Jan 25, 2004.

  1. Joe Finer

    Joe Finer Guest

    My wife and I got divorced in January of 1998 and she gave
    me custody of our three children so she could go chasing
    rainbows. We did not hear a word from her until September
    of 2002. I took her back and we had another child in 2003.
    She had 0 income for 2003. I know I can claim 4 children
    for 2003. Can I claim my ex-wife also?

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    Joe Finer, Jan 25, 2004
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  2. Joe Finer

    D.F. Manno Guest

    (Joe Finer) wrote:

    > My wife and I got divorced in January of 1998 and she gave
    > me custody of our three children so she could go chasing
    > rainbows. We did not hear a word from her until September
    > of 2002. I took her back and we had another child in 2003.
    > She had 0 income for 2003. I know I can claim 4 children
    > for 2003. Can I claim my ex-wife also?


    Did she live with you for all of 2003? Did you provide more
    than half her support? If the answer to both questions is
    yes, then you can claim her as a dependent.

    --
    D.F. Manno

    "They that can give up essential liberty to obtain a little
    temporary safety deserve neither liberty nor safety."
    (Benjamin Franklin)

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    D.F. Manno, Jan 27, 2004
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  3. Joe Finer

    Phil Marti Guest

    (Joe Finer) writes:

    > My wife and I got divorced in January of 1998 and she gave
    > me custody of our three children so she could go chasing
    > rainbows. We did not hear a word from her until September
    > of 2002. I took her back and we had another child in 2003.
    > She had 0 income for 2003. I know I can claim 4 children
    > for 2003. Can I claim my ex-wife also?


    If she lived with you for all of 2003 she meets the
    relationship/member of household test. If she meets the
    other four tests (see Pub 501), she qualifies as your
    dependent.

    Phil Marti
    Topeka, KS

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    Phil Marti, Jan 27, 2004
    #3
  4. Joe Finer <> wrote:

    > My wife and I got divorced in January of 1998 and she gave
    > me custody of our three children so she could go chasing
    > rainbows. We did not hear a word from her until September
    > of 2002. I took her back and we had another child in 2003.
    > She had 0 income for 2003. I know I can claim 4 children
    > for 2003. Can I claim my ex-wife also?


    If she lived with you the entire year and that living
    arrangement does not violate local law, and she meets the
    other dependency tests, then yes, she could be your
    dependent.

    If there is any alimony, it would not be deductible.

    --
    Art Kamlet ArtKamlet @ AOL.com Columbus OH K2PZH

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    Arthur Kamlet, Jan 27, 2004
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  5. Joe Finer

    D. Stussy Guest

    Joe Finer wrote:

    > My wife and I got divorced in January of 1998 and she gave
    > me custody of our three children so she could go chasing
    > rainbows. We did not hear a word from her until September
    > of 2002. I took her back and we had another child in 2003.
    > She had 0 income for 2003. I know I can claim 4 children
    > for 2003. Can I claim my ex-wife also?


    It is possible to claim an ex-wife as a dependent. However,
    watch out for any alimony that you should be paying her -
    $3000 of it and no dependency deduction.

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    D. Stussy, Jan 27, 2004
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  6. Joe Finer

    Redneck Guest

    (Joe Finer) wrote:

    > My wife and I got divorced in January of 1998 and she gave
    > me custody of our three children so she could go chasing
    > rainbows. We did not hear a word from her until September
    > of 2002. I took her back and we had another child in 2003.
    > She had 0 income for 2003. I know I can claim 4 children
    > for 2003. Can I claim my ex-wife also?


    As long as you supported her, and she resided with you all
    year and did not make 3050 dollars you can file HOH with 4
    children and 1 other dependant.

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    Redneck, Jan 27, 2004
    #6
  7. Joe Finer

    Ernie Betts Guest

    > If she lived with you the entire year and that living
    > arrangement does not violate local law, and she meets the
    > other dependency tests, then yes, she could be your
    > dependent.


    It does violate Florida Law if you live here. Unmarried
    people can't live together.

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    Ernie Betts, Jan 28, 2004
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  8. Joe Finer

    Phil Marti Guest

    >> If she lived with you the entire year and that living
    >> arrangement does not violate local law, and she meets the
    >> other dependency tests, then yes, she could be your
    >> dependent.


    > It does violate Florida Law if you live here. Unmarried
    > people can't live together.


    I haven't seen any kind of official issuance, but I have the
    feeling that the Supremes would toss this one too, given
    their decision on same-sex sex.

    Phil Marti
    Topeka, KS

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    Phil Marti, Jan 29, 2004
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  9. (Ernie Betts) wrote:

    >> If she lived with you the entire year and that living
    >> arrangement does not violate local law, and she meets the
    >> other dependency tests, then yes, she could be your
    >> dependent.


    > It does violate Florida Law if you live here. Unmarried
    > people can't live together.


    I'd think a law like that would be unconstitutional.

    Stu

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    Stuart O. Bronstein, Jan 29, 2004
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  10. Joe Finer

    Ed Durall Guest

    > I'd think a law like that would be unconstitutional.

    It's a second degree misdemeanor punishable by 60 days in
    jail or a $500 fine. As you can imagine, it is not enforced.

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    Ed Durall, Feb 1, 2004
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  11. >> I'd think a law like that would be unconstitutional.

    > It's a second degree misdemeanor punishable by 60 days in
    > jail or a $500 fine. As you can imagine, it is not enforced.


    But still not unconstitutional for a state to make such a law.

    Cheer$,
    Harlan Lunsford, EA n LA

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    Harlan Lunsford, Feb 3, 2004
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  12. Joe Finer

    Dick Adams Guest

    >> If she lived with you the entire year and that living
    >> arrangement does not violate local law, and she meets the
    >> other dependency tests, then yes, she could be your
    >> dependent.


    > It does violate Florida Law if you live here. Unmarried
    > people can't live together.


    This is correct. It is in the Florida Statutes at 798.01.
    And it's a second degree misdemeanor.

    1) It's a conjugal bed issue so it does NOT apply to
    roommates.

    2) However, my money is on it being found unconstitutional
    if/when someone takes it up with Willie & The Supremes.

    Dick

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    Dick Adams, Feb 5, 2004
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  13. Joe Finer

    Guest

    >> If she lived with you the entire year and that living
    >> arrangement does not violate local law, and she meets the
    >> other dependency tests, then yes, she could be your
    >> dependent.


    > It does violate Florida Law if you live here. Unmarried
    > people can't live together.


    Is it all unmarried people, or merely unmarried people who
    are sharing more than just the living space (to be polite
    about it).

    It is my understanding we have a similar law here.
    Basically you can claim your rooommate, but not your "friend
    with benefits".

    bex

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    , Feb 5, 2004
    #13
  14. Dick Adams wrote:

    > 1) It's a conjugal bed issue so it does NOT apply to
    > roommates.


    In that case, then, I might argue there's not a problem.
    The violation is not the mere living together, which is what
    cause the problem with the federal law. Rather, it's an
    action taken while living together that trips the statute.

    --
    Ed Zollars, CPA
    Phoenix, Arizona

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    Ed Zollars, CPA, Feb 5, 2004
    #14
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