Should I add my 20 yo old son as a dependent on I-864

[Jennifer0220 31]

I'm reading instructions for the I-864.  It says to include all unmarried children under 21, but "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."  My son is in college.  He uses my address and lives at home during the summer.  I did not claim him as a dependent on my taxes in 2020.  He supports himself and my parents have been kind enough to pay for his dorm at college.  He uses scholarships and loans to pay the tuition.  The other issue is that he will be 21 in December and I don't see anywhere on the form that asks for names and birth dates for the children.  I don't know whether to include him.  Even if he's legally viewed as a dependent (which I'm unsure of after reading the instructions), he won't be in 2.5 months.

[Ayrton 965]

55 minutes ago, Jennifer0220 said:

I'm reading instructions for the I-864.  It says to include all unmarried children under 21, but "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."  My son is in college.  He uses my address and lives at home during the summer.  I did not claim him as a dependent on my taxes in 2020.  He supports himself and my parents have been kind enough to pay for his dorm at college.  He uses scholarships and loans to pay the tuition.  The other issue is that he will be 21 in December and I don't see anywhere on the form that asks for names and birth dates for the children.  I don't know whether to include him.  Even if he's legally viewed as a dependent (which I'm unsure of after reading the instructions), he won't be in 2.5 months.

You fill out the form according to the date you fill it out and sign. In order to exclude him, he must meet 3 requirements:

 

- be unmarried

- have reached majority at the place he lives

- not be claimed as a dependent.

 

If he does meet one of them, you can't exclude him. Unless you live in Mississippi, you're fine to exclude him.

 

[Jennifer0220 31]

2 minutes ago, Ayrton said:

You fill out the form according to the date you fill it out and sign. In order to exclude him, he must meet 3 requirements:

 

- be unmarried

- have reached majority at the place he lives

- not be claimed as a dependent.

 

If he does meet one of them, you can't exclude him. Unless you live in Mississippi, you're fine to exclude him.

 

Isn't the age of majority 18 in most states?  

[Ayrton 965]

1 minute ago, Jennifer0220 said:

Isn't the age of majority 18 in most states?  

That's why I said: unless he lives in Mississippi, you're fine. Mississippi age of majority is 21.

[Jennifer0220 31]

16 hours ago, Ayrton said:

That's why I said: unless he lives in Mississippi, you're fine. Mississippi age of majority is 21.

I just wanted to make sure I was understanding.  Thanks so much for your help!

[powerpuff 6,702]

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