Can an Emancipated Minor be a Dependent?

Question from a Blog Reader

"We have a husband and wife who are living in a unit with their two children and her brother, who is 16 years old. He is an emancipated minor because of this parent's drug dependency problems. He is a junior in school and is working. Does he qualify as a dependent and for the $480 limit on earned income? It seems that we should treat him as an adult, as he is emancipated, and count all of his earned income."

Answer

Summary: He should be treated as a dependent.

The HUD 4350.3 says, "If an emancipated minor is residing with a family as a member other than the head, spouse, or co-head, the individual would be considered a dependent and his or her income handled in accordance with subparagraph 3 below. " Subparagraph 3 tells us that earned income is not counted for minors.

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