An ex-husband can continue to claim a dependency, if qualified, for a father-in-law after a divorce.
An ex-husband may be able to claim a dependency exemption for a former father-in-law if all of the qualifying relative tests are met, even after a divorce. However, it's important to note that for tax years 2018 through 2025, the Tax Cuts and Jobs Act (TCJA) has suspended personal and dependency exemptions. Instead, taxpayers may be eligible for the Credit for Other Dependents (also known as the Family Tax Credit), which is worth up to $500 for qualifying dependents who are not qualifying children for the Child Tax Credit. To claim the Credit for Other Dependents for a former father-in-law, the ex-husband must meet the following criteria: 1. **Support**: The ex-husband must provide more than half of the former father-in-law's total support for the year. 2. **Gross Income**: The former father-in-law's gross income for the year must be less than the threshold for the Credit for Other Dependents ($4,400 for 2022). 3. **Member of Household or Relationship Test**: The former father-in-law does not need to live with the ex-husband, as the relationship test is met due to the in-law relationship that existed prior to the divorce. 4. **Filing Status**: The former father-in-law cannot file a joint return with another taxpayer. 5. **Citizenship or Residency**: The former father-in-law must be a U.S. citizen, U.S. national,
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