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can i claim my son i only worked 5 months for last year or does my ex get to claim

Asked Feb 1, 2012, 11:12 PM — 3 Answers
my ex has provided for me and our son all year does he get to claim him and I not get any money?????

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suprspaztic's Avatar
suprspaztic Posts: 7, Reputation: -3
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#2

Feb 2, 2012, 12:00 AM
As long as you've got some income you're not being claimed as a dependent by another person you're legally able to claim your child as a dependent. However only one person can claim a child. So if the father has already filed and used the child as a dependent you'll be unable.
ebaines (Feb 2, 2012 10:07 AM): NA   Source:
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MukatA's Avatar
MukatA Posts: 7,105, Reputation: 963
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#3

Feb 2, 2012, 07:40 AM


It does not matter who supported your son. Only the custodial parent can claim the child.
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ebaines's Avatar
ebaines Posts: 10,053, Reputation: 5539
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#4

Feb 2, 2012, 10:11 AM
sendria - you may claim your son if you are the custodial parent. It does not matter who made more money, or who filed first. However - if your ex has already filed before you do and he claimed your son on his return, you may find that the IRS won't let you e-file, since their computer will know that your son has already been claimed by someone else. If that happens then go ahead and file a paper tax return via US mail, claim your son, and include with your return a note that states you are the custodial parent. Eventually the IRS wil investigate and disallow the claim made by the non-custodial parent.
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