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About John L. Tidwell
Expertise
Unemployment tax law both state and federal; determination of employer employee relationship; the usual 20 commonlaw factors for making that determination; and what makes me a liable employer.

Experience
Over 20 years of field audit experience with a state agency

Organizations
none

Publications
none

Education/Credentials
Degree in Accounting from Falls Business College

 
   

You are here:  Experts > Business > Corporate Law > Tax Law (Questions About Taxes) > Seperated parents and taxes

Topic: Tax Law (Questions About Taxes)



Expert: John L. Tidwell
Date: 7/8/2008
Subject: Seperated parents and taxes

Question
My friend is the father of a 17yr old girl. He is not and has never been married to the mother but is on the birth certificate and sees his daughter often. She is moving to AZ from CA in June 2009. Can he start claiming her on his taxes in 2009 since she will be living w/ him? And who should file her FAFSA form for the tax yr 2008, she will live w/ her mother all of 2008.

Answer
Debra:

This is not separated parents in a legal sense, it is a child born out of wedlock.  A parent can claim a child as a dependent, when that parent pays more than 50% of the child expenses and the child lives with the parent more than 50% of the time or when a family court judge has ordered a parent to claim the child as a dependent for income tax purposes.

The FAFSA form is not an IRS Form, but is a form required to apply for federal college grants.  It is my understanding that the form must be filed by the parent that the child lives with.

Hopefully this has assisted you,

John

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