My father went to court to have me emancipated during 2011, can he claim me as a dependent on his taxes & take my school credit?

Asked over 2 years ago - Ridgewood, NJ

As I was completing my education my father filed a motion to stop paying child support. The court granted the request in November 2011.

Does the court's emancipation override the tax allowances since previously he was given the right to claim me but hasn't that changed?

He filed before me and has taken the credit, I wanted to know if I can fight to get it back for myself.

Attorney answers (4)

  1. Christopher Barrett Fay

    Contributor Level 13

    7

    Lawyers agree

    Answered . If you were emancipated in November 2011, then he probably has the right under an order or an agreement you seem to be referencing to claim you as a dependent.

    I'm not sure what you mean about "fight to get it back for [yourself]." Next year, at tax time, this shouldn't be an issue any longer. You should speak with a tax attorney or an accountant if you still have questions about the situation.

    Good luck,
    Chris

    The Law Office of Christopher Barrett Fay, 1325 Spruce St., Philadelphia, PA 19107, chris@cfaylaw.com, (267)... more
  2. Geraldene Sherr Duswalt

    Pro

    Contributor Level 8

    7

    Lawyers agree

    Answered . I agree that if you were emancipated in November 2011 then for the 2011 tax year he might be able to continue to claim you as a dependent if he provided for 50 percen tof your support through the year. In 2012 he should not claim you if he is not providing you with support. However, you should not feel that this effects your own tax filing. If you are not receiving support from you father and are working and supporting yourself then you should file in that manner. If you file your returns based upon your actual situation as advised by your accountant then you should not be concerned with his tax returns. If there is an audit, then it will be up to him to prove that he provides you with support, but there is nothing for you to "fight to get back". See an accountant and file your taxes in compliance with your income and expenses.

    Disclaimer: The information you obtain at this answer is not, nor is it intended to be, legal advice. You should... more
  3. Curtis Lamar Harrington Jr

    Contributor Level 20

    8

    Lawyers agree

    Answered . emancipation deals with a declaration of majority.

    Majority is normally reached at 18. Even a 20, 21, 22, etc year old can be a dependent if they lived with the provider and was provided over 50% of their support. Is that the case in this instance?

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more
  4. Christopher Michael Larson

    Contributor Level 19

    6

    Lawyers agree

    Answered . I agree that the larger issue is whether you provide more than half of your own support. If you do, nobody can claim you.

    Christopher Larson
    www.insightlawfirm.com
    www.insightlawfirm.wordpress.com

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,754 answers this week

2,985 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,754 answers this week

2,985 attorneys answering