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janeeng
Feb 8, 2007, 06:18 PM
My husband has primary custody during the school year. His ex wife has primary in the 3 summer months. H&R Block said my husband legally can claim his child because he has him more than 50% of the year. His ex said that is not true. Who is correct. My husband already filed and claimed him.

Fr_Chuck
Feb 8, 2007, 06:21 PM
In most child custody, the court at the time of the child custody agreement states who will take credit for which years.

if not, Block is correct whoever the child lives more than 50 percent of the custody time with.

It is commom for the ex to never agree, get used to that.

AtlantaTaxExpert
Feb 8, 2007, 08:53 PM
Fr Chuck has covered it all.

First, check the divorce decree.

Then, time of custodianship.