[halegirl]

Posted earlier and didn't show up...
1) if daughter 21y/o as of Dec 07 lived under my roof, but didn't go to college, didn't support herself, I did more than 50 % how do I claim her on my taxes, since I have claimed as head of household for the past 4 years.
2) ex resides in another state but has claimed both children though they didn't reside with him, how do I go about re adjusting my taxes, does school records qualify as proof. For the past years other than last year I got hit royally in owing back to IRS because of this is this the time to get a professional involved since this has been claimed on a chapter 13 my owing the IRS.

[MukatA]

I. Since your daughter is 21, she is no longer your Qualifying Child. She is still your Qualifying Relative for whom you can claim exemption if you meet these requirement:
1. The person's gross income for the year must be less than $3,400
2. You must provide more than half of the person's total support for the year.
3. You cannot claim a married person who files a joint return as a dependent unless that joint return is only a claim for refund and there would be no tax liability for either spouse on separate returns.

II. As per the IRS rules in case of divorced or separated parents, only the custodial parent can claim the child. The noncustodial parent can claim only if the custodial parent signs a statement or if there is a court order.
So if you qualify, then you should claim your children on your tax return. If your ex also claims the children, both of you will get letters from the IRS, and one of you will need to amend the tax return and pay the tax due with interest and penalty.

[AtlantaTaxExpert]

MukatA's post is accurate and well-stated!

[babynette]

posted earlier and didn't show up....
1) if daughter 21y/o as of Dec 07 lived under my roof, but didn't go to college, didn't support herself, I did more than 50 % how do I claim her on my taxes, since I have claimed as head of household for the past 4 years.
2) ex resides in another state but has claimed both children though they didn't reside with him, how do I go about re adjusting my taxes, does school records qualify as proof. for the past years other than last year I got hit royally in owing back to IRS because of this is this the time to get a professional involved since this has been claimed on a chapter 13 my owing the IRS.

Well I know that he can't claim you kids if he didn't support them 50% you both can claim your kids if its 50 50. But she didn't live him right?

[babynette]

You know you should talk to a tax specialist they would know.

[AtlantaTaxExpert]

Yes, definitely get a tax pro involved.

[halegirl]

Again no the 21 y/o did not live with the ex, the ex did not provide 50% of any income to my household. I think my question is since she is 21 as of the end of dec 07 do I still claim her as a dependent rather than as a child, and what ever w-2 does come into the household for her and with her permission do I add it to my return or what and how? In response to the other question I posted the issue is that since it looks like I will have to go back 3 years and readjust my taxes because of what he did or do I move forward ? This is an issue because I was instructed to claim them last year by two lawyers and followed up with three depts at the IRS (regular, legal and child depts), I just do not want to have the harassing remarks and such for "sticking it" to him because they dealt him with a 5000 grand repayment. Of course my philosophy is you do the crime pay the time... anyway. Where do I go and what do I do.

[AtlantaTaxExpert]

Again, get a tax pro involved.