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    sendria's Avatar
    sendria Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 2, 2012, 12:12 AM
    Can I claim my son I only worked 5 months for last year or does my ex get to claim
    My ex has provided for me and our son all year does he get to claim him and I not get any money??
    suprspaztic's Avatar
    suprspaztic Posts: 7, Reputation: -2
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    #2

    Feb 2, 2012, 01:00 AM
    As long as you've got some income you're not being claimed as a dependent by another person you're legally able to claim your child as a dependent. However only one person can claim a child. So if the father has already filed and used the child as a dependent you'll be unable.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #3

    Feb 2, 2012, 08:40 AM
    It does not matter who supported your son. Only the custodial parent can claim the child.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #4

    Feb 2, 2012, 11:11 AM
    sendria - you may claim your son if you are the custodial parent. It does not matter who made more money, or who filed first. However - if your ex has already filed before you do and he claimed your son on his return, you may find that the IRS won't let you e-file, since their computer will know that your son has already been claimed by someone else. If that happens then file a paper tax return via US mail, claim your son, and include with your return a note that states you are the custodial parent. Eventually the IRS will investigate and disallow the claim made by the non-custodial parent.
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