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    Jojo lee's Avatar
    Jojo lee Posts: 1, Reputation: 1
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    #1

    Aug 23, 2012, 12:46 AM
    Can a non-custodial parent claim a child
    It's been over 10 years that I haven't gotten any child support and now that my abusive ex is finally working. He says he can claim one of our 2 kids because he's being order to pay for child support. He owes child support for all those other years. My kids are 11 and 12 now and he was never really in their lives. Is it true that he can claim them?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 23, 2012, 02:56 AM
    No truth what so ever. He could claim them if in the custody or child support order from the court he was given the right to claim them.

    It is common for some couples to include that into their child custody agreement.

    But merely paying child support does not give him that right.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Aug 23, 2012, 03:18 AM
    There are IRS rules on this. Your problem though is that if he files electronically before you an claims your children, you will not be able to file electronically. You will need to file manually and let the IRS sort it out.

    So I would file early next year.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Aug 23, 2012, 06:48 AM
    He does NOT know what he is talking about.

    The IRS considers the custodial parent to have the EXCLUSIVE right to claim the personal exemption for children . The ONLY way he can claim them is if YOU give up that right IN WRITING, unless the divorce decree specifically specifies that he is entitled to claim them.
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