mrsstrickland

After thinking i had it all done, a new question arises, my husband has a child by his former wife, his ex has full time custody, but my husband pays child support for this child, do we have to add his daughter onto our I-864 as a dependant, ive read the DOS website and others that i could find, and it doesnt make it clear, my husband does not claim this child on his tax returns as she does not live with him for 6 months of the year and therefore cant claim, im sorry to repost on the 864, but this form is driving me crazy, and im sure you can all understand my need for to have this form correct, thanks to you all

Andy Platt

"mrsstrickland" wrote in message
news:[email protected]...
    > After thinking i had it all done, a new question arises, my husband has
    > a child by his former wife, his ex has full time custody, but my
    > husband pays child support for this child, do we have to add his
    > daughter onto our I-864 as a dependant, ive read the DOS website and
    > others that i could find, and it doesnt make it clear, my husband does
    > not claim this child on his tax returns as she does not live with him
    > for 6 months of the year and therefore cant claim, im sorry to repost
    > on the 864, but this form is driving me crazy, and im sure you can all
    > understand my need for to have this form correct, thanks to you all

You just follow the form, part B lines 1 through 5. Since these do not
include children not living with you and not claimed as dependents on the
tax return they do not count as household members.

BTW, whether you can claim a child as your dependent who is not living with
you because of divorce is a lot more complicated than living with you for
six months of the year. The actual relevant test is who provides more than
half of the support for that child. If your husband is paying a significant
amount of child support compared to his ex-wife's income, that may be him
and he may be eligible to claim the child on his tax return rather than his
ex-wife claim the child on hers. Obviously your husband may have done the
calculations and he can't or doesn't want to claim; I just wanted to correct
the statement about living there for six months.

Andy.

--
I'm not really here - it's just your warped imagination.

Mrtravel

First, let me clear up the tax misunderstanding. You do not have to have
the child living with you in order to claim them as a dependent for tax
purposes. My ex-wife signed IRS form 8332 for that reason.

If the child doesn't live with him and he doesn't claim the child on the
tax return, then it would difficult for INS to say she is a dependent.
If he claims the child, would he still be over the 125 percent of
poverty limit?


mrsstrickland wrote:
    >
    > After thinking i had it all done, a new question arises, my husband has
    > a child by his former wife, his ex has full time custody, but my
    > husband pays child support for this child, do we have to add his
    > daughter onto our I-864 as a dependant, ive read the DOS website and
    > others that i could find, and it doesnt make it clear, my husband does
    > not claim this child on his tax returns as she does not live with him
    > for 6 months of the year and therefore cant claim, im sorry to repost
    > on the 864, but this form is driving me crazy, and im sure you can all
    > understand my need for to have this form correct, thanks to you all
    >
    > --
    > Posted via http://britishexpats.com

mrsstrickland

yes he would still be well over the poverty level on the previous years tax return, but on that tax return she was a dependant, as he was still married to his ex last year, and it was all part of the divorce (she wanted the return money) but this year he wont be claiming for the child, but as for the current situation, i honestly dont know whether his unemployment and the household member make enough to cover that, so it all depends on how much weight is put on current wages, thanks to all for the responses.