I-864 and dependents (child support)

[andynguyen 6]

Hi,

If a person is paying child support BUT does not claim any children on tax return do he/she needs to add children on I-864 as dependents?

 

I-864 instructions states, "Type or print the number of unmarried children you have who are under 21 years of age, even if you do
not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children
have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal
income tax returns."

Thanks,

 

[Crazy Cat 41,975]

20 minutes ago, andynguyen said:

Hi,

If a person is paying child support BUT does not claim any children on tax return do he/she needs to add children on I-864 as dependents?

 

I-864 instructions states, "Type or print the number of unmarried children you have who are under 21 years of age, even if you do
not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children
have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal
income tax returns."

Thanks,

 

 Yes, if you are paying child support, add them as a household member.  

Edited July 16 by Crazy Cat

[K1visaHopeful 2,840]

4 hours ago, andynguyen said:

Hi,

If a person is paying child support BUT does not claim any children on tax return do he/she needs to add children on I-864 as dependents?

Yes. It doesn't matter where they live and who claims them for taxes. 

If a child is under the age of majority in their state of residence, they are counted as your household member. 

Why? Because if the parent who they live with dies, you'd be financially responsible. 

 

4 hours ago, andynguyen said:

I-864 instructions states, "Type or print the number of unmarried children you have who are under 21 years of age, even if you do
not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children
have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal
income tax returns."

Key word AND.

They'd have to be BOTH:

1. Of age.

AND

2. You'd would have to not claim them on your taxes. 

 

 

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Edited July 17 by K1visaHopeful