i pay child support to my x-wife for my two sons can i claim one as a dependent on my taxes in the past that is the why we were doing it, this year without notice she claimed both of them. what is the law ? can anyone tell me? please and thanks

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charlotte234s

The law is that the parent who provides more than half the support claims the children, basically.

MukatA

No, it is not a law that who provides more than half the support claims the child. Only the custodial parent can claim the child unless there is a court order or legal document or the custodial parent allows the non-custodial parent to claim the child.

charlotte234s

Generally the custodial parent is the parent who provides more for the child's needs.

ebaines

I'm siding with MukatA on this - in the case of a dispute between the parents as to who gets to claim the child and where there is no written divorce or separation agreement spelling it out, the IRS sides with the parent with whom the child lived the longer period of time during the year. In the case of a tie, then they go with the parent with the higher AGI. Thus for example if the father is providing child support , but the child lives with the mother, the mother's right to claim the child outweighs the father's.