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    Fxrgirl's Avatar
    Fxrgirl Posts: 2, Reputation: 1
    New Member
     
    #1

    Jan 16, 2012, 10:51 PM
    My husband and I have been separated for three years now. Who gets to claim for taxes
    He hasn't paid any child support in over 6 months. He wants to claim her on taxes this year.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Jan 17, 2012, 12:02 AM
    Only the custodial parent can claim the child. It does not matter if child support is paid or not. Your U.S. Tax Return: Child of separated or divorced parents
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #3

    Jan 19, 2012, 11:41 AM
    Hold on! There may be a separation agreement which dictates who gets to claim the child. Such an agreement is a legally-binding contract which the IRS will uphold if made aware of it.

    Normally, the custodial parent holds all the cards in this kind of situation, but NOT always.

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