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    Need some help's Avatar
    Need some help Posts: 1, Reputation: 1
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    #1

    May 15, 2007, 09:25 AM
    Claiming a dependent
    We were divorced almost 2 years ago and I have custody of our only child under 18. I claimed him on my taxes in 2005 and again in 2006. My ex claims because she pays child support that she should have been able to claim him in 2006. In our decree it doesn't state it either way. When I had my taxes done they said they had never heard of any such thing, so I claimed him again. Now, my ex is broke and claims it's because she couldn't claim him for taxes. Has anyone had this problem before and if so, how did you resolve it? Thank you
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 15, 2007, 09:49 AM
    No the paying of child support is not a basis for claiming him, Unless the child custody agreement has specific years to be claimed, the parent with the physcial custody takes the deduction, your ex is merely wanting to cheat the system and wants something they are not legally entitled to.
    cely05819's Avatar
    cely05819 Posts: 23, Reputation: 11
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    #3

    May 15, 2007, 10:10 AM
    Quote Originally Posted by Need some help
    We were divorced almost 2 years ago and I have custody of our only child under 18. I claimed him on my taxes in 2005 and again in 2006. My ex claims because she pays child support that she should have been able to claim him in 2006. In our decree it doesn't state it either way. When I had my taxes done they said they had never heard of any such thing, so I claimed him again. Now, my ex is broke and claims it's because she couldn't claim him for taxes. Has anyone had this problem before and if so, how did you resolve it? Thank you
    Unless she pays for more than 50% of the support of the child or has custody of the child more than 50% of the year you are filing for she can just forget it.

    You have to look at whatever the worksheet says that was used to figure out how much she pays in support but I honestly doubt that she has a leg to stand on.
    vlee's Avatar
    vlee Posts: 454, Reputation: 109
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    #4

    May 15, 2007, 12:06 PM
    As far as I know, the parent who cares for the child the majority of the time is the only parent permitted to claim the child on taxes, even if the other parent is paying support. Only if there is a provision in the custody order that allows parents to alternate years is the non-custodial parent permitted to claim the child.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #5

    May 16, 2007, 01:50 PM
    Unless there is a provision in the divorce decree, the custodial parent gets the exemption every time in the eyes of the IRS.
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