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ShelleyGoin
Jan 29, 2008, 12:13 PM
I have primary custody of my two children. They live with me more than 6 months out of the year and their father does not provide 1/2 of their yearly support. Do I have to let him clain one of the children?:confused: :confused:
ScottGem
Jan 29, 2008, 12:16 PM
Its possible your divorce decree specified that you each get to claim one child as a dependent. If that's the case, then yes you have to let him. Otherwise, since you provide more than half their support you get to claim them.
AtlantaTaxExpert
Jan 30, 2008, 11:08 AM
Agreed.

If the divorce decree says he get one of the exemptions, then he GETS one of the exemptions. The IRS WILL abide by what the divorce decree says.

If not, then he has NO legal right to the exemption.