I-864 Question?

[Robby999 1,024]

Hello everyone,

I was reviewing the form I-864 and got to the instructions of how to count household size. My question is , do I need to count my 17 year old son in total. The reason I ask is 1. He does not live with me. 2. I do not claim him as a dependent on my state or federal income taxes. 3. I have joint custody of him, but his mother retains physical custody of him. 4. I do pay child support monthly. According to the 2009 Poverty Guidelines, I still have enough income to stay above the 125% point even if I count him in my total household size. I would like to keep my margin above the 125% higher if I am not required to count him in my household size. I read the instructions on counting your household size and then when you get to question 21D the question is worded towards the dependent's that you claim on your federal income taxes, so there is where my confusion lies. Thank you, Robert

[garfield529 47]

Hello everyone,

I was reviewing the form I-864 and got to the instructions of how to count household size. My question is , do I need to count my 17 year old son in total. The reason I ask is 1. He does not live with me. 2. I do not claim him as a dependent on my state or federal income taxes. 3. I have joint custody of him, but his mother retains physical custody of him. 4. I do pay child support monthly. According to the 2009 Poverty Guidelines, I still have enough income to stay above the 125% point even if I count him in my total household size. I would like to keep my margin above the 125% higher if I am not required to count him in my household size. I read the instructions on counting your household size and then when you get to question 21D the question is worded towards the dependent's that you claim on your federal income taxes, so there is where my confusion lies. Thank you, Robert

Hmm...I think it is less important about if you claim him, I am sure your ex got that benefit, and more about how your income "pie" is divided. Since you do pay child support, he is "partially" dependent on you and you should claim him on the support affidavit. Otherwise, they will see that you don't claim him as a partial dependent, but that you have child support payments and then you can run into trouble.

[Robby999 1,024]

Hello everyone,

I was reviewing the form I-864 and got to the instructions of how to count household size. My question is , do I need to count my 17 year old son in total. The reason I ask is 1. He does not live with me. 2. I do not claim him as a dependent on my state or federal income taxes. 3. I have joint custody of him, but his mother retains physical custody of him. 4. I do pay child support monthly. According to the 2009 Poverty Guidelines, I still have enough income to stay above the 125% point even if I count him in my total household size. I would like to keep my margin above the 125% higher if I am not required to count him in my household size. I read the instructions on counting your household size and then when you get to question 21D the question is worded towards the dependent's that you claim on your federal income taxes, so there is where my confusion lies. Thank you, Robert

Hmm...I think it is less important about if you claim him, I am sure your ex got that benefit, and more about how your income "pie" is divided. Since you do pay child support, he is "partially" dependent on you and you should claim him on the support affidavit. Otherwise, they will see that you don't claim him as a partial dependent, but that you have child support payments and then you can run into trouble.

Thanks for your view, I was sorta thinking the same way also.