Can my ex-wife be my dependent


J

Joe Finer

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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D

D.F. Manno

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
(e-mail address removed)
"They that can give up essential liberty to obtain a little
temporary safety deserve neither liberty nor safety."
(Benjamin Franklin)
 
P

Phil Marti

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
 
A

Arthur Kamlet

Joe Finer said:
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.
 
D

D. Stussy

Joe said:
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.
 
R

Redneck

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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E

Ernie Betts

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.
 
P

Phil Marti

If she lived with you the entire year and that living
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
 
S

Stuart O. Bronstein

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
 
E

Ed Durall

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.
 
H

Harlan Lunsford

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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D

Dick Adams

If she lived with you the entire year and that living
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
 
S

sheesh3

If she lived with you the entire year and that living
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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E

Ed Zollars, CPA

Dick said:
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.
 

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