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    janeeng's Avatar
    janeeng Posts: 1, Reputation: 1
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    #1

    Feb 8, 2007, 07:18 PM
    Who can claim in custody situations
    My husband has primary custody during the school year. His ex wife has primary in the 3 summer months. H&R Block said my husband legally can claim his child because he has him more than 50% of the year. His ex said that is not true. Who is correct. My husband already filed and claimed him.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 8, 2007, 07:21 PM
    In most child custody, the court at the time of the child custody agreement states who will take credit for which years.

    If not, Block is correct whoever the child lives more than 50 percent of the custody time with.

    It is common for the ex to never agree, get used to that.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Feb 8, 2007, 09:53 PM
    Fr Chuck has covered it all.

    First, check the divorce decree.

    Then, time of custodianship.
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