Your Life

Your Life

Major life milestones often have a major tax impact. Changes in your marital status, having a baby or adopting a child can have significant impact on your taxes. This is the place to ask questions about dependents, real estate, and other various scenarios that play a significant role in what taxes you pay.

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Pioneer
Posts: 1
Registered: ‎04-08-2017

Claiming Dependent if paying all expenses but living separate

Hi,

 

My wife and I are separated since February of last year and she took my 10 yr old to Mexico with her with my written consent.   We did not do a legal separation since a lawyer told us that South Carolina does not have legal separation.  She most likely will not return with me and we plan to divorce later.   Nor did we do any decree when she left.  The only thing my wife had me do is write a notarized letter that I will pay ALL of my daughter's child support(we agreed about $650 monthly).   I've been doing these payments now for a year and also, found out that my wife is taking some of that money for herself since she doesn't work.   I'm also covering both of them and paying for them in my employer's health insurance.   So in essence,  they are both still depending on me totally financially.  I am also planning to file as married filing jointly since we were still married at the end of 2016 and she most likely cannot fill out her own tax return in Mexico.

 

Can't I claim my daughter as a dependent even if she has not been living with me for most of 2016?   Can I do this without having wife fill Form 3329(Release of Claim to Exception for Child by Custodial Parent).   To get my wife to fill this form and sign would take forever being she is in Mexico and I would not get the form back in time for the tax deadline.   Thank you.