My child lives with her mother and I take her sometimes weekdays and every Friday. No court involvement. I do pay child support. As for medical insurance, not my choice, the mother has her on public aid.
She says its all up to her if I can claim her or not and I want to split it every other year as in one hers the other mine. Do I have the right to claim my child?

It is up to her but the best thing to do is both of you fill out the tax return forms and see which one is more profitable and tear up the one that doesn't benefit more.
She most likely is eligible for Earned Income Credit if she works but not make a lot of money so she could possibly get back a couple thousand more than she would on just her income tax return.

1. Child support is not deductible.
2. Only custodial parent can claim the child. Child support does not count.
3. Non-custodial parent can claim the child only if the custodial parent signs a release Form 8332. Your U.S. Tax Return: Child of separated or divorced parents

I agree with NOhelp4u; you should model BOTH returns to see who gets the best benefit, then file accordingly.

Any competent local tax professional can help with this while still keeping you on the legal side of the tax laws.

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Originally Posted by AtlantaTaxExpert

I agree with NOhelp4u; you should model BOTH returns to see who gets the best benefit, then file accordingly.

Any competent local tax professional can help with this while still keeping you on the legal side of the tax laws.

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Under this theory, where are you suggesting the additional funds go? To the custodial parent or non-custodial parent?

I don't know many child custody situations where this would be fiasable and as a custodial parent, I do not believe that I would be thrilled to have to furnish and such financial information to my ex.

For my suggestion to work, both parents must be willing to share information and to equitably split whatever the rincreased refund would be. There is nothing illegal about what I am suggesting, and I have successfully brokered such arrangements between clients in my tax business.

Based on the original posting it seems that both parents are still friends and would be willing to work together to maximize their respective refunds. If that is NOT the case, then what the CUSTODIAL parent says is what the IRS will abide by.