Skip to main content

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?

Ridgewood, NJ |
Filed under: Tax law

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


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,

The Law Office of Christopher Barrett Fay, 1325 Spruce St., Philadelphia, PA 19107,, (267) 519-2719, LEGAL DISCLAIMER: The law changes frequently, and the material on this website is for general information purposes only and neither constitutes nor is intended to be legal advice. You should not act based upon this general information nor without seeking legal counsel regarding your specific legal matter. The outcome of every case is dependent on the specific facts and legal circumstances of each individual case. Any client reviews or attorney endorsements posted on this website are solely the opinion of that person and should not be construed as representative of the results you might expect to receive in your specific legal matter. No one can offer a review or endorsement concerning the type or quality of legal work they received in relation to the type or quality of legal work that might be done for you if you become a client of this office. This website is not advertising. This website is not an offer to represent you, which can only be made after a consultation with one of our attorneys. This website and its feature to contact us do not create an attorney-client relationship between you and The Law Office of Christopher Barrett Fay or any of its attorneys. The Law Office of Christopher Barrett Fay practices law only in the states of Pennsylvania and New Jersey. The Law Office of Christopher Barrett Fay does not intend to practice in any other jurisdictions where it is not licensed. The firm does not seek to represent anyone viewing this website in other jurisdictions, and the website may not comply with the laws and ethical rules of states other than Pennsylvania and New Jersey. Pursuant to the requirements of U.S. Treasury Regulation Circular 230, any tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used to avoid penalties imposed under the United States Internal Revenue Code or to promote, market or recommend to another person any tax-related matter.

Mark as helpful

7 lawyers agree




My father 'paid' approx 1/3 toward my school through the court's probation dept under a motion. I am not sure how he is entitled to the credit when the bulk of the costs were paid by me. I thought once the court emancipated me I could file my own taxes and take my own credit.

Christopher Barrett Fay

Christopher Barrett Fay


Your father also paid child support in addition to the college contribution, and as such you were a dependent for more than half the year. See IRS Pub. 504 (2011). That should entitled him to claim you as the dependent for 2011. Speak to an accountant or a tax attorney to understand the IRS regulations and exactly how they might apply to you if you are still "unsure" since I cannot provide you with specific legal and/or tax advice and this is for general informational purposes only.


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 Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

Mark as helpful

8 lawyers agree


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

Mark as helpful

6 lawyers agree


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 consult an attorney for individual advice regarding your own situation. Review of this answer does not in any way constitute legal representation,

Mark as helpful

7 lawyers agree

Tax law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics