Household Size

[16 Tons]

Anybody know if the trustee will object to my claiming my 2 children as part of my household? They are both in college full time and staying in college housing.

[jessegirl]

Do you claim them on your income taxes?

[16 Tons]

I claimed one of them last year and will be claiming both in the upcoming tax filing. My oldest was able to support herself last year and filed herself. However, now she cannot support herself. So I will claim her again.

[AngelinaCat]

That's a 'wobbler'. Do you provide any of their upkeep at college? Also are they covered on your health insurance policy? What does your attorney say?

[jessegirl]

Does your oldest daughter have a job? I would THINK that if she DOESN'T have a job and you are paying for everything including, tutition, housing, books, Ins, etc That you can claim them until they are 21 and going to college. I would defiantely run that passed your attorney as AngelinaCat says

[16 Tons]

I'm in the beginning stages of Chapter 7. Have not talked with any attorneys yet. But yes, they are covered by my insurance and they come home to do laundry etc.., we try to help as much as possible with books etc..

[AngelinaCat]

I tried to look through your state statutes and they, as most laws are, almost impossible to interpret. I did find that NY is like most states, the age of majority is 18.

I asked about the health insurance because Blue Cross Blue Shield, at least, has the provision that parents can cover their adult children as long as they go to college. You will have to ask an attorney if you can include them. I could not find a definition of a 'household' or 'dependent child' or 'dependents' anywhere.

[cwillie]

Our daughter is also away at college, but cannot use her in determining our household size. Our attorney said it's "heads on beds," meaning she has to be living (or sleeping) in our home, which she is not. However, we are Chapter 13 so .....

[Cali]

AC - I was thinking that as well about age and what the state considers an adult.

[Flamingo]

In order to claim a dependent for IRS purposes, you need to provide over 50% of your child's support for the year. The child does not have to reside with you as there are arrangements in custody agreements for one party to claim the child as a dependent even though the child may reside with the other parent. If you are supplying over 50% of your child's support, you can claim her as a dependent; however if she is working she has to claim zero for her withholding as you are claiming her as a dependent. Go to irs.gov and review theinformation for dependents.

[16 Tons]

Thanks Flamingo. I was pretty sure that as long a you can claim your child as a dependent that she was "part of the household", even if away at college.